(1.) ON the request of the learned counsel for the appellant, record of the lower court was summoned by this Court vide order dated 2.3.1989. Record of the lower court is available. Learned counsels for the respective parties have agreed to argue the appeal finally at the stage of admission itself. The appeal is listed under Order XLI, Rule 11, C.P.C. but I proceed to hear the appeal finally.
(2.) HEARD learned counsels for the respective parties.
(3.) THE appellant, Arvind Kumar, filed an appeal against the order dated 27.11.1971, which was also dismissed on 24.11.1972.