STATE OF GUJARAT Vs. RANJANBEN DIPAKKUMAR RAJPOPAT

JUDGEMENT

(1.) THE present Second Appeal under Section 100 of Code of Civil Procedure preferred by the State of Gujarat seeks to challenge the judgment and order dated 14.09.2001 passed by learned District Judge, Junagarh, whereby he has dismissed the appeal and confirmed the judgment and decree dated 07.03.1991 passed in Regular Civil Suit No.388 of 1991 by learned 3rd Joint Civil Judge (Senior Division), Junagarh.

(2.) THE controversy is in narrow compass which is reflected in the substantial question of law framed by this Court at the time of admission of the Second Appeal, which reads as under:

(3.) HEARD Mr.Janak Raval, learned AGP for the appellant-State and learned advocate Mr.M.D. Rana for the respondent-plaintiff.