RAM DAS SINGH Vs. DULI CHAND

JUDGEMENT

(1.) Heard Sri Ashok Mehta, learned counsel for the appellants and Sri Raj Kumar, Advocate for the respondents. Since all the parties are represented, hence as requested and agreed, I proceed to decide this appeal finally at this stage.

(2.) The substantial question of law, which has arisen in this case is:

(3.) Before Trial Court, aforesaid document was neither sought to be relied by plaintiff nor there was any occasion for it to look into the aforesaid document. The suit was dismissed by Trial Court vide judgment dated 21st July, 2011 deciding issues no.2 and 3 against plaintiff and issue no.1 in favour of defendants-appellants. However, the aforesaid judgment and decree of Trial Court has been reversed by Lower Appellate Court vide judgment and decree dated 16th January, 2003 passed by lower Appellate Court i.e. Additional District Judge, Court No.1, Ghaziabad, which is impugned in this appeal.