(1.) Appellant by Shri Anuj Bhargava, Advocate. Respondent's by Shri V. K. Jain, Advocate. Heard on admission.
(2.) Appeal is admitted for final hearing on the following substantial questions of law :-
(3.) Also heard on I. A. No. 3645/2010, which is an application under section 100(5) of Civil Procedure Code learned counsel for appellant submits that the application be dismissed as withdrawn with a liberty to file fresh application keeping in view the substantial questions of law framed by this Court today. The application is dismissed as withdrawn. Also heard on LA. Nos. 2233/2010 and 3175/2010, which are the applications filed under Order VI, Rule 17, Civil Procedure Code and under Order 41, Rule 27, Civil Procedure Code. These applications shall be considered at the time of hearing of the appeal.