(1.) HEARD on admission.
(2.) THIS is defendant's second Appeal directed against judgment and decree dated 20.1.2005 passed by Third Additional District Judge, Damoh in Civil Appeal No. 21A/03, reversing the judgment and decree dated 31.3.2003 passed by Fourth Civil Judge Class II in Civil Suit No. 78A/01.
(3.) DEFENDANTS No. 1 and 2 filed their separate written statement and denied the plaint allegation. Defendant No. 2 also took an objection as to non joinder of necessary party, the owner of land bearing Khasra No. 173/2 and that the suit was time barred.