SHEWANTABAI Vs. ARUN

JUDGEMENT

(1.) The above Second Appeal was placed for admission on 1st December, 2009 when this Court had issued direction that the Second Appeal would be disposed of at the stage of admission after the then ensuing Christmas Vacation. It is in terms of the said order that the above Second Appeal is being heard and finally disposed of.

(2.) The above Second Appeal challenges the judgment and decree dated 11th August 2009 passed in Regular Civil Appeal No. 181/2005 by which the judgment and decree passed by the Trial Court in Regular Civil Suit No. 258/2002 allowing the said suit came to be set aside and the suit came to be dismissed.

(3.) The following substantial questions of law arise in the above Second Appeal, which are mentioned in the order dated 1st December, 2009 which read as under: