JUDGEMENT
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(1.) These three second appeals are being disposed of by
this common judgment because though all the three appeals
have been filed against different judgments passed by the first
appellate court, but the substantial question of law framed by
this court at the time of the admission in all the three appeals is
the same and which is as under :-
"Whether the suit as framed was not
maintainable in the civil court -
(2.) The appeal filed by appellant-plaintiff Bhimraj is
directed against the judgment dated 27.09.1993 passed by
Additional Civil Judge No.2, Udaipur in Civil Appeal No.
70/1990, whereby the learned first appellate court allowed the
appeal of the defendant-respondent R.S.R.T.C. and set aside the
judgment and decree dated 14.02.1990 passed by the Munsif
and Judicial Magistrate, First Class, Udaipur City (South) in Civil
Suit No. 27/1985.
(3.) The appeal filed by appellant-plaintiff Jugal Kishore
is directed against the judgment dated 27.09.1993 passed by
Additional Civil Judge No.2, Udaipur in Civil Appeal No.
58/1990, whereby the learned first appellate court allowed the
appeal of the defendant-respondent R.S.R.T.C. and set aside the
judgment and decree dated 19.04.1985 passed by the Munsif
and Judicial Magistrate, Udaipur City (South) in Civil Suit No.
149/1982.;
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