(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 ('CPC', for short) being aggrieved by the judgment and decree passed by the Assistant Judge, Rajkot on 30/9/2002 in Regular Civil Appeal No.39 of 1999 dismissing the said appeal and confirming the judgment and decree dtd. 24/9/1998 passed by the Court of Civil Judge, Senior Division, Rajkot in Regular Civil Suit No.744 of 2019.
(2.) For the sake of convenience, the parties are referred to as their original status referred in the suit.
(3.) FACTS :