BHAILALBHAI MAVJIBHAI CHAUHAN Vs. LALITABEN

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) THE appellant has approached this Court by way of this second appeal assailing the judgement and order passed by the appellate court in Regular Civil Appeal No. 144 of 1983 dated 18.10.1988 passed by the District Judge, Baroda confirming the order of the trial court as well as the judgement and order dated 28.01.1983 passed by the Civil Judge (J.D.), Sinor in Regular Civil Suit No. 138 of 1979 partly allowing the suit.

(3.) THE trial court framed issues at Ex. 14 that whether the plaintiff proves that the defendant no. 1 is a trespasser in the suit property and that whether the suit is barred by mis-joinder and non-joinder of parties and that whether the suit is barred by limitation. THE appellate court considered the same and raised points for determination in para 6 of the impugned judgment.