(1.) THE defendant -appellant has filed this appeal against the judgment dated 25th September, 2002, decree dated 4.10.2002 passed and signed by the learned IIIrd Additional District Judge, Dhanbad in connection with Title Appeal No. 11/1994 whereby the judgment and decree passed in Title Suit No. 65/1990 has been set aside and the appeal stood allowed.
(2.) THE appeal has been admitted vide order dated 24.4.2003 on the following substantial question of law: -
(3.) THE appellant was the defendant in the original suit whereas respondent was the plaintiff and, therefore, the appellant hereinbelow will be referred as defendant and the respondents shall be as plaintiffs.