MADAN(DEAD) THROUGH HIS L.RS. GHANSHYAM PRASAD & OTHERS Vs. BRIJ BHUSHAN(DEAD) THROUGH HIS L.RS. SAJANKUMAR & OTHERS

JUDGEMENT

(1.) THE substantial question of law formulated and to be answered by this Court in defendants' second appeal is as under "Whether document Exhibit D -1 has been illegally discarded - [For sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].

(2.) SANS unnecessary details, the facts which are essential to be stated for the purpose of disposal of the present second appeal are as under: Plaintiffs case:

(3.) QUESTIONING the legal acceptability and sustainability of the judgment and decree dated 25/08/2004 passed by Additional District Judge (F.T.C.), Ramanujganj, Surguja in Civil Appeal No. 90 -A/2002, this second appeal has been filed by the appellant/defendants under Section 100 of the CPC, which has been admitted on substantial question of law formulated and recorded in the opening paragraph of this judgment. Submissions of the parties: