(1.) This appeal has impugned the judgment dated 5.1.1983 passed by the first appellate court which had reversed the judgment of the trial judge dated 5.7.1980. The trial judge had decreed the suit of the plaintiff. The first appellate court had set aside this decree; suit of the plaintiff stood dismissed.
(2.) Appellant before this Court is the plaintiff. Briefly stated the facts of the case are as follows:
(3.) On 14.9.1983, this second appeal was admitted and the substantial question of law was formulated which inter alia reads as follows: