RAM PYARE Vs. SHAMBHU NATH RAI

JUDGEMENT

(1.) THE matter was once disposed of by a judgment dated 27.3.1997. THE appeal was then dismissed on a preliminary objection on maintainability as the Court was of the view that the final decree had not been drawn at all. Immediately after the recording of that order, the learned counsel for the appellant traced out the final decree In the records. After hearing both the parties, the order dated 27.3.1997 was reviewed and recalled and the matter was heard on merits.

(2.) THE second appeal In question arose from Civil Appeal No. 273 of 1984 decided by the Civil Judge, Azamgarh. on 6.1.89. This civil appeal was again directed against the decision dated 28.1.1984 In Original Suit No. 409 of 1966 recorded by the Munsif, Mohammedabad, Azamgarh.

(3.) THIS second appeal was admitted on 4.5.1989 on question No. 2, as indicated In page 6 of the memorandum of appeal. The question was framed as follows :