KAMLA PRASAD SINGH Vs. RAN BAHADUR SINGH

JUDGEMENT

(1.) Heard Shri Mohammad Ehteshma Khan, learned counsel for the appellants and Shri Rakesh Kumar Srivastava, learned counsel appearing on behalf of respondent no.1 caveator.

(2.) The instant second appeal has been preferred against the judgment and decree dated 19/9/2020 passed by the Additional District Judge, Court No.3, Faizabad in Civil Appeal No.140 of 1982 whereby it has affirmed the judgment and decree dated 8/2/1982 passed by the Additional Munsif-VIth, Faizabad in Original Suit No.45 of 1973. Thus, the suit which was decreed by the trial court and the appeal of the defendant-appellant has been dismissed and being aggrieved against the aforesaid, the instant second appeal has been filed by the defendant.

(3.) Shri M.E.Khan impugning the aforesaid judgment and decree under challenge has submitted that the first appellate court had not considered the evidence which was led before the trial court. The submission is that the first appeal is a valuable right in the hands of the appellants and all the issues both of law and facts are to be considered.