(1.) Heard Sri V.K. Kohli, Sr. Advocate, assisted by Sri I.P. Kohli, counsel for the appellant and none is present for the respondent.
(2.) By the present Second Appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 1.9.2000 passed by I Additional District Judge, Nainital in Civil Appeal N. 29 of 1995 Roofrite Pvt. Limited v. Kichha Sugar Factory Limited arising out of judgment and decree dated 4.5.1995 passed by Additional Civil Judge, Nainital in O.S. No. 55 of 1984 Kichha Sugar Company Limited v. Roofrite Pvt. Limited Company.
(3.) Present Second Appeal has been admitted on the following substantial questions of law: