(1.) Since, both of these above-stated second appeals have arisen out of the common judgment and decree dated 30/04/2008 passed by the first appellate Court whereby civil appeal No. 38A/2006 preferred by defendants No. 3 and 4 has been allowed and civil appeal No. 63A/2006 preferred by defendants No. 1 and 2 has been dismissed, therefore, they have been heard together and are decided by this common judgment.
(2.) Second Appeal No. 240/2008 preferred by the appellants/defendants No. 1 and 2 was admitted for hearing on the following two substantial questions of law:-
(3.) Second Appeal No. 343/2008 preferred by the appellant/plaintiff was admitted for hearing on the following substantial question of law :- "Whether the lower appellate Court was right in holding that the trial Court has not passed a decree against Defendants No. 3 and 4 ?"