(1.) The present Second Appeal is filed under Sec. 100 of the Civil Procedure Code by the original defendant no.2 against the judgment and decree passed by the Joint District Judge, Sabarkantha at Himmatnagar in Civil Appeal No.30 of 1985, whereby the Appellte Court has partly confirmed the\ judgment of the Trial Court i.e. of the Civil Judge Junior Division, Modasa passed in Regular Civil Suit No.39 of 1980 and thereby partly dismissed the appeal filed by the defendant no.2.
(2.) The present Second Appeal has been admitted for the following substantial questions of law:-
(3.) The respondent no.1 herein is original plaintiff, whereas, the respondent no.2 herein is defendant no.1 before the Trial Court, who has died during the pendency of the appeal and hence, it is abetted, against her.
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