NAGENDRA PAL SINGH Vs. BHADRAPAL SINGH

JUDGEMENT

(1.) Heard Sri Anil Sharma, Advocate, for appellant and Sri S.N. Tripathi, Advocate, for respondents.

(2.) This is defendant's appeal under Section 100 C.P.C. which has arisen from judgment and decree dated 11.7.2012 passed by Sri Razi Ahmad, Addl. District Judge, Court No. 2, Bijnor allowing plaintiff's Civil Appeal No. 51 of 2009 and setting aside judgment and decree dated 3.10.2009 passed by Smt. Adesh Nain, Judge, Small Causes Court, Bijnor whereby she has dismissed the Original Suit No. 26 of 1998 but Lower Appellate Court (hereinafter referred to as "LAC") has decreed the suit by setting aside decree of Trial Court (hereinafter referred to as "TC").

(3.) This Court formulated following three substantial questions of law on 7.8.2012 after hearing the appeal under Order 41 Rule 11 C.P.C.: