MADAN SINGH Vs. LAXMAN SINGH

JUDGEMENT

(1.) Heard on the question of admission and formulation of substantial question of law in this second appeal preferred by the defendant under Section 100 of the Code of Civil Procedure.

(2.) Mr. K.N. Nande, learned counsel for the defendant submits that both the Courts below are absolutely unjustified in not recording fresh evidence after the civil appeal was remanded back on 22/09/2001 by the first appellate Court, as fresh evidence could have been recorded before decreeing the suit of the plaintiff, as such, it involves substantial question of law for determination.

(3.) I have heard learned counsel for the defendant, considered his submissions and went through the records with utmost circumspection.