- (1.) This second appeal has been preferred by Appellants, Anusuchit Jati Primary Pathshala, Banjaria Bazar, Tappa Malsi Saraini, Pargana-Sedhua Jobna, Tehsil and District Deoria and Dr. Jainuddin against respondents, Tapesar Prasad and others against the judgment and decree dated 24.1.2012 passed by the learned Additional District Judge, Court No. 16, Deoria in Civil Appeal No. 62 of 2010 as well as the judgment and order passed by the learned Civil Judge (Junior Division), Court No. 12 dated 16.11.2010 under Order-9 Rule 9 C.P.C. arising out of Original Suit No. 988 of 1989.
(2.) I have heard learned counsel for the appellants and learned counsel for the respondents and have perused the lower court record.
(3.) On 2.5.2012 it was observed by this Court that the substantial question of law involved for hearing of this appeal is whether the suit of the plaintiff was barred under Order IX Rule 9 of the C.P.C. and the appeal was fixed for admission/final disposal in the second week of July, 2012. Since formal substantial question of law was not framed and, the same is framed as follows: "Whether the suit of the plaintiff was barred under Order IX Rule 9 of the C.P.C -;