(1.) Being aggrieved and dissatisfied with the judgment and order dtd. 22/11/2021 passed by the learned 10th Additional District Judge, Kutchchh at Bhuj in Regular Civil Appeal No.8 of 2021, the appellants have filed the present second appeal.
(2.) Heard Ms.Jemini S. Patel, the learned counsel appearing for the appellants and perused the judgment and order passed by both the Courts below and also taken into account the material placed on record of the appeal.
(3.) Considering the above fact the First Appellate Court has to apply its mind independently and frame the issues appropriately and independently. The provisions of Order 41 of C.P.C. provides that how the Appellate Court has to deal with the Appeal under Sec. 96 of the Code and the procedure is to be followed as per Order 41 of C.P.C.