(1.) Prayer in the present application filed by the respondents under Sec. 151 of the Code of Civil Procedure, 1908 is for treating Cross Objection No.3/C of 2014 as Regular Second Appeal.
(2.) Ld. Senior Counsel for the applicants/ respondents/defendants refers to a judgment of Bombay High Court in Damodhar Namdeo Sase v. Namdeo Baburao Sase, (Bombay) : Law Finder Doc Id # 195618; wherein it is held as under:-
(3.) Learned Senior Counsel for the defendants further refers to judgment passed by Hon'ble Supreme Court in Banarsi v. Ram Phal, (SC) : Law Finder Doc Id # 560; wherein it is held as under:-