ABDUL MAJID Vs. ABDUL GAFFAR

JUDGEMENT

(1.) A learned Single Judge of this Court by his, order dated April 21, 1976, declared the case to be a fit one for appeal to the Division Bench under Section 18(2) of the Rajasthan High Court Ordinance, 1949 and as such, this special appeal has been filed against the judgment dated April 21, 1976 passed by him.

(2.) THE plaintiff is Abdul Gaffar and the original defendants were Mohd. Umar (defendant No. 1), Abdul Aziz (defendant No. 2), Abdul Mazid (defendant No. 3) and Mohd. Ramzan (defendant No. 4). Defendants 3, 4 and 2 have died and they are represented by their legal representatives. They are all appellants, as per the amended cause title of the appeal. The plaintiff is respondent No. 1 and defendant No. 1 Mohd. Umar is respondent No. 2 in this special appeal.

(3.) THE trial court framed the following issues on July 13, 1966: