(1.) ADMIT .
(2.) THE following substantial question of law is framed for a decision:
(3.) SINCE a copy of I.A No. 3107 of 2010 with the affidavit in support of that application and a copy of objection preferred by the respondent/defendant to that application are given to me for perusal and the first appellate court has disposed of the application based on that affidavit and objection alone, it is not necessary to call for the records leading to the dismissal of I.A. No. 3107 of 2010.