(1.) The present Appeal has been filed under Sec. 100 of the Civil Procedure Code (CPC) by the original defendants against the judgment and decree dtd. 23/11/1994 passed by the learned 2 Extra Assistant Judge of Panchmahal District at Godhra, in Regular Civil Appeal No. 51 of 1994 whereby the Appeal filed by the original plaintiff came to be allowed and the judgment and decree dtd. 4/10/1994 of the trial Court passed in Regular Civil Suit No. 52 of 1986 came to be set-aside.
(2.) The Appellant is the defendant before the trial Court and the respondent is the plaintiff before the trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them before the trial Court i.e. defendant and plaintiff respectively.
(3.) The present appeal has been admitted on 17/8/2021 on the following two substantial questions of law: