HARI RAM Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree dated 28.04.1994, passed by the Additional Civil Judge No.2, Alwar, allowing the appeal while setting aside the judgment and decree dated 25.02.1982, passed by the Additional Munsif & Judicial Magistrate, Alwar.

(2.) Heard the counsel for the parties and perused the impugned judgments and decrees of the courts below. The substantial question of law which is made out, aside of the substantial question of law framed under the order of this court on 11.08.1994 is as to whether the judgment and decree of the first appellate court is compliant with the provisions of Order 41 Rule 31 CPC.

(3.) A perusal of the impugned judgment and decree dated 28.04.1994, passed by the first appellate court against the trial court's judgment and decree dated 25.02.1982 indicates that the appellate court has framed one general issue for its consideration i.e. whether the judgment and decree dated 25.02.1982, passed by the trial court, was contrary to the facts and law. The facts on record indicate that in the suit for declaration and permanent injunction filed by the plaintiff-appellant, the trial court had framed three issues and rendered its decision thereon. The three issues are as under :