SHANTABEN Vs. PARSHOTTAMDAS C. VALAND

JUDGEMENT

(1.) On going through the record as well as order-sheet of the second appeal, no substantial questions of law are found upon which the second appeal is admitted. Yet this second appeal is kept in cause-list of final hearing. In these circumstances, with the consent of learned advocates for both sides, the following question of law framed by the appellants in appeal memo is taken as substantial question of law to decide this appeal :

(2.) This second appeal under Sec. 100 of Code of Civil Procedure, 1908 (for short 'CPC') challenges the judgment and decree dtd. 15/4/1985 and 17/4/1985, respectively delivered by the First Appellate Court under Sec. 96 of CPC in First Appeal No.106 of 1993 upturning the judgment and decree delivered in Regular Civil Suit No.188 of 1978 whereby civil suit of the plaintiffs was decreed in their favour granting relief prayed in the suit.

(3.) The facts of the present case leading to filing of the present second appeal are as under.