- (1.) This appeal has been filed by the plaintiff-respondent against the judgment and decree dated 24th February, 1990 passed by the 2nd Additional District Judge, Jamshdpur in Title Appeal No. 24/5 of 1985-88.
(2.) This appeal was admitted by order dated 9-2-1993 formulating two substantial questions. (i) Whether the judgment of the learned Courts below is vitiated due to total non- consideration of the oral evidence laid by the parties? (ii) Whether the learned Court below has committed an error of law in holding that the judgment of Title Suit No. 1592 of 1967 to which the appellant was not a party is binding upon him?
(3.) The plaintiff filed Title Suit No. 393/8 of 1974-85 praying relief for declaration that C.S. Plot No. 45 forming R.S. Plot No. 5822 and 5823 and portion of 5821 and 5824 in mouza Mango measuring an area of 1-01 acres belonged to the plaintiff Purna Chandra Gour and for confirmation of his possession or in the alternative for recovery of possession, if the plaintiff is found dispossessed from the suit land at any time prior to the disposal of the suit.;