(1.) THIS appeal has impugned the judgment and decree dated 04.05.2009 which has reversed the finding of the trial Judge. The trial Judge had dismissed the suit of the plaintiff. The impugned judgment had reversed it; suit of the plaintiff stood decreed.
(2.) THIS is a second appeal. It has been admitted and on 12.04.2010, the following substantial question of law was formulated:-
(3.) AFTER some arguments, it has been agreed upon between the parties that the documents of both the respective parties be considered by the fact finding court i.e. first appellate court. Both the parties are agreeable that the matter be remanded back to the District and Sessions Judge for the said purpose. This is a fit case for remand. The first appellate court shall answer the following issue:-