AJIT OJHA Vs. LALLAN OJHA

JUDGEMENT

(1.) By this Second Appeal by invocation of the provision of Section 100 of the Code of Civil Procedure, 1908 (the Code) the challenge made by the appellant- original plaintiff, has been against the judgment and decree dated 1-6-1999 and 16-6-1999, respectively, passed in Title Appeal No. 116 of 1992, whereby, the first appellate Court set aside the judgment and decree passed, on 30-6-1992. by the 7th Subordinate Judge. Bhojpur, Ara, in Title Suit No. 84 of 1985. by which the suit came to be decreed, on contest, with regard to properties shown in Schedules 'Kha' and 'Ga' of the suit (suit properties).

(2.) The present appellant is the original plaintiff who being aggrieved by the judg- ment and decree passed in Title Appeal has come up before this Court, inter alia, contending that the first appellate Court has committed grave legal wrong and serious error. It is further submitted on behalf of the appellant-original plaintiff that there is a "substantial question of law."

(3.) According to the original plaintiff, the following is the "substantial question of law": "Whether the learned appellate Court has committed serious error of law in not formulating the point of consideration which arises on the finding of the trial Court."