AMRELI DIST PANCHAYAT Vs. JAGDISHBHAI PURSHOTTAM BHAI NIMBARK

JUDGEMENT

(1.) THE present Second Appeal has been filed under Section 100 of the Civil Procedure Code by the appellant-original defendant challenging the Judgment & Order dated 30.04.1983 passed by the Learned District Judge at Amreli in Regular Civil Appeal No.91 of 1981 confirming the Judgment & Decree dated 25.06.1981 passed by the Learned Civil Judge (SD), Amreli in Regular Civil Suit No.328/1977, wherein following substantial question of law are raised :-

(2.) THE facts of the case briefly stated are that Regular Civil Suit No.328/1977 was filed by the respondent-original plaintiff, who was serving as Talati-cum-Mantri at Keriya-Chad under Amreli District Panchayat. Suit was filed with regard to correction in the date of birth. On the basis of evidence, the Suit was decreed vide Judgment & Decree dated 25.06.1981 passed by the Learned Civil Judge (SD), Amreli with a declaration that the defendants to pay all the benefits for a period from 30th September 1977 to 10th Separately, 1979. THE said Judgment & Decree was carried in Appeal being Regular Civil Appeal No.91 of 1981 before the District Court and the Learned District Judge at Amreli vide Judgment & Order dated 30.04.1983 dismissed the Appeal confirming the Judgment & Decree of the trial Court. THErefore, the present Second Appeal has been filed posing the substantial questions of law as stated above.