GOMTI PRASAD Vs. SHIV MURAT

JUDGEMENT

(1.) This is the defendant's second appeal under Sec. 100 C.P.C. against the judgment and decree dtd. 20/10/1984 passed by 4th Additional District Judge, Gonda in Civil Appeal No. 148 of 1979 whereby the Lower Appellate Court has reversed the judgment and decree passed by the First Additional Munsif, Gonda in Regular Suit No. 15 of 1974 as a result, the suit of the plaintiff-respondents which was dismissed by the Trial Court has been decreed by the Lower Appellate Court.

(2.) The defendant being aggrieved against the judgment of reversal has preferred the instant second appeal which was admitted by means of order dtd. 25/1/1985. Though, at the time of admission, the substantial question of law was not framed, however, the order of admission reads as under:-

(3.) In view of the aforesaid, the Court required the learned counsel for the appellant to urge on the substantial questions of law involved in the instant second appeal.