(1.) The above Second Appeal arises out of the judgment and decree dated 22nd July, 1994 passed in Regular Civil Appeal No. 404 KESHAO vs. NAMDEO,2011 2 MhLJ 148 1987 by which the Appellate Court modified the decree dated 27th February, 1987 passed by the trial Court in Regular Civil Suit No. 239/1986. The above Second Appeal raises the following substantial questions of law :-
(2.) The facts in brief can be stated thus :
(3.) The defendants were served. Defendant No. 1 filed his written statement and denied that suit field was sold by defendant No. 2 without any legal necessity. It was the case of defendant No. 1-purchaser that since defendant No. 2 has to maintain a large family and since he was short of funds for maintenance and education of his children and also in view of the fact that he was indebted to the bank that the said suit property was sold to defendant No. 1. Defendant No. 2 did not file any written statement in spite of opportunity given to him.