(1.) HEARD learned Counsel for the parties.
(2.) THIS second appeal was earlier allowed by this Court (by Hon'ble O. P. Jain, J. since retired) on 22. 5. 1997. Thereafter, review was filed, which was dismissed on 4. 9. 1998 by the same Hon'ble Judge. Thereafter, matter was carried to the Supreme Court in the form of Civil Appeals No. 7373 and 7374 of 2000. On 12. 4. 2007, the Supreme Court set aside the judgment of the High Court on the ground that substantial questions of law had not been framed before hearing and allowing the second appeal and the matter was remanded to the high Court for re-hearing of the appeal after framing Substantial Questions of law.
(3.) AFTER remand from the Supreme Court, three substantial questions of law were framed in this appeal on 18. 7. 2007, which are quoted below: