(1.) This Second Appeal arises out of a judgment and decree dated 24-9-1979 passed by Shree Prabhat Kumar Sinha, First Additional Subordinate Judge, Hazaribagh in Title Appeal No. 39/3 of 1979/79, whereby and whereunder the said learned court reversed the judgment and decree dated 13-4-1979 passed by Shree Uma Shanker Prasad in Title Suit No. 1 of 1978 dismissing the plaintiff respondents' suit.
(2.) By an order dated 5-2-1981 the following substantial question of law was formulated : -
(3.) Mr. B. K. Dey, learned counsel appearing on behalf of the appellant sought permission to raise another substantial question of law in this Second Appeal which is in the following terms : -