PYARE Vs. M ABDUL HAFEEZ

JUDGEMENT

(1.) By means of the present second appeal, the appellant, who was the defendant in the trial court, assails the judgment passed by the first appellate Court dated 16.09.1993 passed by the Court of Additional Civil Judge, Bahraich whereby it reversed the judgment passed by the trial court dated 05.02.1991 passed by the first Additional Munsif, Bahraich, whereby the suit of the plaintiff-respondent had been dismissed.

(2.) An interesting question arises in the aforesaid second appeal, which was admitted by this Court by means of the order dated 01.12.1993. However, at the time of admission, the substantial questions of law were not formulated.

(3.) With the consent of the learned counsel for the parties, the Court formulated the following substantial questions of law, which are reproduced hereinafter.