- (1.) This matter has come before this Court on transfer. The order sheet reveals that after calling for the record of the court below, the matter was heard at length by another bench and, thereafter, it was released by order dated 22.1.2013. Both the learned counsel have agreed that as the record of the court below is available, the matter be finally heard and decided even though the appeal has been listed under Order 41 Rule 11 CPC.
(2.) Heard learned counsel for the parties and perused the record.
(3.) This is a plaintiffs second appeal against the judgment and decree dated 20.09.2005 passed by the Additional District Judge, Court No.3, Bulandshahr in Civil Appeal No.96 of 2005, whereby the judgment and decree passed by the trial court in Original Suit No.78 of 2001 has been set aside and the plaintiffs' suit has been dismissed.;