(1.) This is defendant's Second Appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment and decree dtd. 5/5/1994 passed by the learned District Judge, Rajnandgaon in Civil Appeal No. 6-A of 1990 whereby learned District Judge Rajnandgaon has dismissed the appeal against the judgment and decree dtd. 8/3/1990 passed by the learned Civil Judge, Class II, Dongargarh by which suit has been decreed.
(2.) This appeal was admitted by this Court on 24/6/2011 on the following substantial question of law:-
(3.) For the sake of convenience, the parties would be referred to hereinafter as per their status shown in the Civil Suit No. 36-A/2008 before the trial Court.