- (1.) This is a plaintiffs' appeal filed under Section 100 C.P.C. While hearing this appeal under Order XLI Rule 11 C.P.C. on 11.05.2009 this Court formulated the following two substantial questions of law which have arisen in this matter and need be adjudicated by this Court: "(1) Whether the decree of the trial court could be reversed and the suit could be dismissed by lower appellate court without setting aside each and every findings recorded by the trial court with respect to each and every issues framed. (2) Whether the appeal could be allowed and suit could be decreed without framing the point of determination in the appeal as required under Order 41 Rule 31 of the Code of Civil Procedure."
(2.) Before answering the aforesaid questions, it would be prudent to have a brief factual matrix which has given rise to the present dispute.
(3.) The plaintiffs-appellants, Viswanath Lohar and his son Ram Akbal instituted Original Suit No. 182 of 1977 for removal of certain construction on the disputed land and also prayed for permanent injunction restraining defendants from interfering in possession over the land in dispute, alleging that defendants have no concern with disputed land but after occupying the same, unauthorisedly, they have raised construction thereon and, therefore, the said construction be directed to be removed and defendants be restrained from interfering in possession of plaintiffs in respect to disputed land.;