(1.) This is a second appeal impugning the judgment of the first appellate court dated 22.1.2010 which had endorsed the finding of the trial court dated 23.11.2009 decreeing the suit of the plaintiff/respondent under Order 12 Rule 6 of the Code of Civil Procedure (hereinafter referred to as ,,the Code).
(2.) The facts emanating are as follows:
(3.) On these admissions as detailed hereinabove decree had been passed by the trial court under Order 12 Rule 6 of the Code. This was reaffirmed by the first appellate court.