Code of Civil Procedure, 1908–Sec. 96–Leave to appeal–Entitlement–Decree of eviction was passed against respondent nos. 2 to 4–Plea of appellant that he is in possession of premises and decree cannot be executed against him–No evidence before the trial Court as regards to possession of appellant–
Merely because the averments in the application u/s. 96 seeking the permission to prefer the appeal have not been rebutted by the respondent no. 1 by filing the reply, it cannot be inferred that the same stands admitted affecting the merits of judgment and decree–Declined to grant the leave.
