RADHESHAYAM Vs. SHIVPRASAD,

JUDGEMENT

(1.) Proceedings of this matter have been taken-up for final hearing through video conferencing.

(2.) This second appeal preferred under Section 100 of the CPC by the appellant herein / defendant No.3 was admitted for hearing on 27-8- 2020 by formulating the following two substantial questions of law: -

(3.) The plaintiffs' suit for declaration of title, partition and possession was decreed by the trial Court on 31-1-2009 against which the defendants preferred appeal with a delay of 45 days along with an application for condonation of delay. The first appellate Court firstly, rejected the application for condonation of delay and then also dismissed the appeal on merits against which this second appeal has been preferred by defendant No.3 in which substantial questions of law have been framed which have been set-out in the opening paragraph of this order for the sake of completeness.