(1.) Heard Sri Vimal Srivastava, learned Additional Advocate General assisted by Sri S.K. Khare, learned Standing Counsel for the appellant and Sri Satendra Nath Rai, learned counsel for the respondents.
(2.) This second appeal, under Sec. 100 of Civil Procedure Code(hereinafter referred to as CPC), has been filed against the judgment and decree dtd. 16/4/1982 passed by the 1st Additional District Judge Kheri in Civil Appeal No.152/1980, by means of which the appeal has been dismissed upholding the judgment and decree dtd. 9/9/1980 passed by the VIth Additional Munsif, Lakhimpur Kheri in Regular Suit No.154/1977(Surjan Singh and 3 Ors. Versus Divisional Forest Officer, North Kheri).
(3.) The following substantial questions of law have been formulated in this appeal:-