(1.) THIS second appeal, preferred under Section 100 of the Code of Civil Proce dure, 1908, is directed against the judg ment and order dated 10-05-1978, passed by learned Civil Judge, Almora, in Civil Appeal No. 07 of 1973, whereby the trial court's judgment and order dated 12-03-1973, passed by Munsif Ranikhet, in Civil Suit No. 45 of 1963, was set aside and said suit is decreed.
(2.) HEARD learned counsel for the parties and perused the papers on record.
(3.) OTHER defendants filed their writ ten statements but did not contest the suit.