D.K. Seth, J. - (1.) The only point that has been urged by the learned counsel for the appellant that the learned trial court did not discharge its obligation as provided under Rule 5B of Order XXVII of the Code in endeavouring to arrive at a settlement.
(2.) Mr. Pankaj Mittal. learned counsel for the opposite parties on the other hand contended that there was no attempt on the part of the appellant to arrive at a settlement and they had never applied for settlement before trial court, therefore, this question cannot be raised, adopting a ground, for admission of the Second Appeal for the first time.
(3.) I have heard learned counsel for the parties.;