(1.) The appeal is already admitted. As per the earlier order-sheets it is listed for final disposal and therefore, with the consent of the learned counsel for the parties, the same is heard finally.
(2.) The appeal has been filed being aggrieved with the judgment and decree dated 17.08.2005 passed by the learned IInd Additional District Judge, Bhopal, in Civil Suit No. 27-A/2005 whereby the suit filed by the plaintiff has been dismissed with cost.
(3.) In order to appreciate the issue involved in this appeal, certain relevant facts need to be mentioned infra.