SEVANTILAL BHOGILAL SHAH Vs. SHAH KAPURCHAND FULCHAND

JUDGEMENT

(1.) THE present Second Appeal is filed by original plaintiff No. 2. The same arises out of Civil Suit No. 113 of 1976 decided by learned Civil Judge (JD), Patan who dismissed the suit and directed that the plaintiffs do pay the full costs of the suit to the defendant No. 2 and bear their own.

(2.) THE said order of the learned Civil Judge (JD) was challenged in Regular Civil Appeal No. 141 of 1979 in the District Court. The same was decided by the learned Assistant Judge, Mehsana who confirmed the judgment and decree of the court of first instance and dismissed the appeal and ordered that the appellants to bear the costs of the respondents as well as their own.

(3.) THE Second Appeal is admitted on the following substantial questions of law: