- (1.) Heard Sri K.M. Singh, learned counsel for the appellant and Sri A.N. Bhargava, learned counsel for respondent no.1.
(2.) This second appeal has been filed against the judgement and order dated 6th July, 1977 passed by the District Judge, Ballia in Civil Appeal No. 7 of 1976 arising out of judgement and decree dated 18th February, 1976 passed by the Civil Judge, Ballia in Original Suit No. 45 of 1971 (Mahendra Chaubey vs. Atma Singh and Another).
(3.) This present second appeal was admitted on 7th January, 1978. However, no substantial questions of law were framed at the time of admission of the second appeal. Before this Court two questions have been pressed, as substantial questions of law, which arise for consideration in the present second appeal: "1. Whether according to the plaint allegations read with the statement of the appellant as witness, the suit is time barred? 2. Whether the court below erred in failing to draw the presumption of correctness of the reports of the stamp clerk of the stamp office, when the appellant failed to summon the register of stamp vendor to prove the genuineness of the date of purchase of stamp by the appellant?";