ANANT KUMAR,J. - (1.) The present Second Appeal under Section 100 C.P.C. has been filed against judgement and decree dated 23.01.1993 passed by Munsif, Lakhimpur Kheri in respect of Original Suit No. 227/90 (Amar Nath v. Shrawan Kumar @ Raja ) whereby the suit of the plaintiff was decreed and defendant nos. 2 and 3 were directed to register the disputed sale deed dated 8.6.88 in favour of the plaintiff as well as against judgement and decree dated 24.03.2005 passed by the Uppar Civil Judge (Senior Division), Lakhimpur Kheri, whereby the first appeal being Civil Appeal No. 23 of 1993 filed by the defendant/appellant against the said judgement, was dismissed.
(2.) Following substantial question of law has been framed in this appeal : II. Whether the judgement and decree of the lower appellate court against the mandatory provisions of Order 41, Rule 31 C.P.C. for not framing the point of determination are vitiated and is not sustainable under law ? III. Whether after framing new Issues by the appellate court on filing counter claim by the defendant No. 1/appellant and its reply by the plaintiff/respondent No. 1, the compliance of Order 41, Rule 25 C.P.C. was required by the appellate Court ?
(3.) Heard Sri Avadhesh Kumar, learned counsel for the appellant and Shri Upendra Sharma, learned counsel for respondents and perused the record.;