(1.) This second appeal has been filed by the appellant/defendant No.2 being aggrieved by the judgment and decree dated 08.09.1994, passed by the First Addl. District Judge to the Court of District Judge, Jabalpur in Civil Appeal No. 15a/1992 arising out of the judgment and decree dated 21.01.1992, passed by the First Civil Judge, Class II, Jabalpur in Civil Suit No. 52A/1989.
(2.) The appeal has been admitted on the following substantial questions of law :
(3.) Before discussing the said question, it is essential to discuss the facts of the appeal filed by the appellant/defendant No.2.