RAMDAS Vs. HARISHCHANDRA MAIKULAL GUPTA

JUDGEMENT

(1.) Heard.

(2.) The appellants/original defendants (hereinafter referred to as the "defendants") have filed present appeal under Sec. 100 of the Civil Procedure Code, 1908 (for short "CPC") against the respondent - original plaintiff through his legal representatives (hereinafter collectively referred to as "Plaintiff"), being aggrieved by the judgment and decree dtd. 2/3/2009, passed by learned District Judge-8, Nagpur in Regular Civil Suit No.38/2005, whereby it has confirmed the judgment and decree dtd. 30/11/2004 passed by the learned 6th Jt. Civil Judge Junior Division, Nagpur in Regular Civil Suit No. 1091/2002. The appeal has been admitted on the following substantial questions of law.

(3.) The relevant facts are as under: