Kamal Kishore, J. - (1.) This is the second civil appeal against the judgment and decree dated 8.1.1982 passed by the then IVth Additional District Judge, Faizabad setting aside the judgment and decree passed by the then VIth Additional Munsif, Faizabad in Regular Suit No. 132 of 1980.
(2.) The following questions of law have been formulated in this second appeal : (1) Whether the burden of proof loses its importance when both the parties enter into evidence knowing their cases full well? (2) Whether the learned lower appellate court wrongly relied on Section 11 of the Evidence Act which has got no application in the present case while setting aside the judgment and decree passed by the learned trial court? (3) Whether the learned lower appellate court wrongfully rejected the evidence of P.W. Nand Kishore on the pretext that he belongs to another hamlet and did not read the evidence of Kedar Nath, Amin and his map and report?
(3.) I have heard arguments and have gone through the record.;