(1.) THIS Second Appeal has been placed before this Bench for decision in view of the reference made by order dated 6 -5 -1997 by a learned Single Judge of this Court under Rule 9(1) of the Rules and Orders of the High Court.
(2.) WHILE admitting the appeal vide the order dated 23 -4 -1993, the Learned Single Judge (Hon'ble Shri R.C. Lahoti, J, as he then was had formulated the following substantial questions of law:
(3.) THE facts in brief shorn of details and necessary for the disposal of this appeal lay in a narrow compass: