RAJESH TANDON, J. - (1.) HEARD Sri Rajendra Dobhal, Counsel for the appellant and Sri S.S. Chauhan, Counsel for the re ­spondent.
(2.) BY the present Second Appeal filed under section 100 of the Code of Civil Procedure, appellant has prayed for setting aside the judgment and decree dated 16.12.2002 passed by the District Judge, Nainital in Civil Appeal No. 65 of 2001, Nagar Palika Parishad v. Vijay Kumar arising out of the judgment and decree dated 18.10.2001 passed by the Civil Judge (Senior Division)/7th Fast Track Court, Nainital in Civil Suit No. 143 of 1996, Nagar Palika Parishad v. Vijay Kumar. Present second appeal has been admitted on the following substantial questions of law : - "(A) Whether the contract agreement executed without complying with the provisions of section 35 of In ­dian Stamp Act between the plain ­tiff and defendant can be termed as valid agreement? (B) Whether the suit of recovery of auction money for the auction year 1988 -89 has been filed in the year, 1996, which is barred by limitation under provisions of Indian Limita ­tion Act and the suit of plain ­tiff/respondent ought to have not been dismissed on this ground alone?"
(3.) BRIEFLY stated, a suit was filed by the plaintiff/respondent being Civil Suit No. 143 of 1996, Nagar Palika Parishad v. Vijay Kumar, praying to the following ef ­fect : - ....Vernacular Text Ommited....;