RAJDEO AND ANOTHER Vs. SURYA NARAIN AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is defendants' second appeal arising out of O.S. No.8 of 1971. The suit was decreed in part on 14.08.1976 by Munsif, Basgaon Gorakhpur. Against the said decree plaintiff filed Civil Appeal No.274 of 1976. Defendants filed cross -objections in the said appeal. II Additional District Judge, Gorakhpur allowed the appeal, dismissed the cross -objections and decreed the entire suit through judgment and decree dated 01.04.1978. This second appeal has been filed by the defendants against the decree passed by the lower appellate court. This second appeal was admitted on 07.08.1978 on the following substantial question of law:

(3.) LOWER appellate court has mentioned that in paragraphs 8 and 13 of the written statement defendants did not assert any claim over any part of Plot No.634.