RAM KRIPAL Vs. JAGJEEVAN

JUDGEMENT

(1.) Heard, Shri U.S. Sahai, learned counsel for the appellants and Dr. R.S. Pande, learned Senior Advocate assisted by Shri Vinod Mishra, learned counsel for the respondents.

(2.) This second appeal under Sec. 100 of Civil Procedure Code (here-in-after referred as CPC) has been filed for setting aside the judgment and decree dtd. 30/5/2002 passed in Civil Appeal No.4/2001; Smt. Gaya Dei Vs. Ram Kripal and Others by 6th Additional District and Sessions Judge, Sultanpur, by means of which the appeal has been allowed and the judgment and decree passed by the court below i.e. the trial court has been set aside and the sale deed in question has been cancelled with a direction to the trial court to communicate the cancellation of sale deed to the concerned Sub-Registrar.

(3.) The appeal has been admitted on the following substantial questions of law:- "1.Whether the judgement and decree rendered by the lower Appellate Court stands vitiated for non compliance of the mandatory provisions contained under Order XXXXI, Rule 31 C.P.C. 2. Whether even after the clear admissions made by Smt. Gaya Dei that she has not filed any suit for cancellation and she being totally ignorant about the case, the lower Appellate Court could allow the appeal and decree the plaintiffs' suit. 3. Whether the Lower Appellate Court could reverse the findings recorded by the trial court without considering the reasons adopted by the trial court and the evidence relied upon by the trial court.