(1.) By way of this second appeal filed u/s 100 of the CPC, the appellant has challenged the judgment and decree dtd. 31/3/1995 passed by the learned 3rd Joint Civil Judge (SD), Bharuch in Regular Civil Suit No.278 of 1988, confirmed vide judgment and decree dtd. 5/10/1998 passed by the learned Assistant Judge, Bharuch in RCA No.43 of 1995.
(2.) In the body of this judgment, the parties to the proceedings are referred to as per their original status before the learned Courts below.
(3.) Brief facts of the case are as under:-