(1.) The present Misc. Appeal filed under Order 43 Rule 1 of the Code of Civil Procedure, 1908 (for short, 'CPC') was admitted for hearing by formulating the following substantial question of law for consideration:-
(2.) For the sake of convenience, the parties herein shall be referred to in terms of their rank and status before the Trial Court.
(3.) The aforesaid question of law arises on the following factual backdrop of the case:-