(1.) Aggrieved by the decision of the Learned First Appellate Court, the Appellant assails the finding in Title Appeal No.05 of 2017, whereby the Learned District Judge, Special Division " II, Sikkim, at Gangtok, while upholding the finding of the Learned Trial Court on two Issues, set aside the finding on Issue No.3.
(2.) (i). The Appellant herein was the Defendant/Respondent No.4 before the Learned Courts below; Respondent No.1 herein was the Plaintiff/Appellant; Respondent No.2 herein was the Defendant No.1 (ex parte)/Respondent No.1; Respondent Nos.3 and 4 herein was the Defendant Nos.2 and 3/Respondent Nos.2 and 3 and, the Respondent No.5 herein was the Defendant No.5/Respondent No.5.
(3.) In this Second Appeal, the lone substantial question of law framed for determination is;