ATTAU RAHMAN MASOODI,J. - (1.) Heard Sri Mohd. Arif Khan, learned Senior Counsel, assisted by Sri Mohd. Asif Khan, learned counsel for the petitioners and Sri Vijay Bahadur Verma, learned counsel for the respondents.
(2.) This second appeal was previously dismissed by judgement and order dated 19.7.2002 and on the same being challenged before the apex court in Civil Appeal No. 3864 of 2003, the judgement and order passed by this Court was set aside on 29.7.2010 and the matter was remitted to this Court for decision afresh in accordance with law.
(3.) The order sheet reveals that the second appeal was thereafter admitted by order dated 31.3.2014 on the substantial questions of law framed at (a) (d) (e) (f) and (g) which are extracted below: "(a) Whether the ''Parivar Register' is not good evidence to proof the case of the plaintiffs/appellant regarding the date of death of Bechu (d) Whether, the suit can be dismissed on the ground that one witness of the plaintiffs was not produced? (e) Whether the admission before the Revenue Court are not admissible before the Civil Court. (f) Whether to prove the date of death, being the subordinate authority of the Tehsildar, the Lekhpal is not competent? (g) Whether appellate court give its findings by reversing the judgement passed by the trial court without giving any reason and without considering the evidence on see and on record." ;