- (1.) Heard Sri K.M. Garg, learned Counsel for appellants, Sri Raj Kumar, learned Counsel for respondents and perused the record. Present appeal has been filed by defendant against the judgment and decree dated 21.3.2014 (decree signed on 1.4.2014) passed by Additional District Judge, Court No. 12, Ghaziabad dismissing the Civil Appeal No. 84 of 2013 filed by defendants-appellants against the judgment and decree dated 12.3.2013, passed by Civil Judge (Junior Division), Hapur by which the suit of the plaintiffs-respondents is decreed in favour of the plaintiffs vide original Suit No. 310 of 1992. Sri K.M. Garg, learned Counsel for appellants while pressing the present appeal at the outset submits that as per the provisions as provided under Order XLI, Rule 31, C.P.C. the mandatory duty is casted upon the learned Appellate Court to frame the point of determination while deciding the appeal and the said exercise has not been done in the present case, so keeping in view the substantial question of law as framed by the appellant as "G", the appeal is liable to be allowed.
(2.) Sri Raj Kumar, learned Counsel for respondents after arguing at some length does not dispute the said fact, on the other hand, he submits that keeping in view the mandatory provision of Order XLI, Rule 31, C.P.C., the appeal be heard and decided at the admission stage.
(3.) Accordingly, as agreed between the parties, the appeal is being heard and decided at admission stage.;