( 1 ) THE appellant herein was the second plaintiff and the respondents herein were the defendants in O. S. No. 49 of 1993 which was pending on the file of the Principal District Munsif, Madanapalle. The appellant herein along with her father instituted the above suit in the Court of the Prl. District Munsif, madanapalle against the respondents herein. The suit was filed for permanent injunction. On evidence, the learned trial Judge dismissed the suit. Aggrieved by the judgment and decree passed in O. S. No. 49 of 1993, the plaintiffs carried the matter in appeal by filing A. S. No. 132 of 1997 in the Court of the Additional district Judge, Madanapalle. The learned Judge dismissed the appeal and confirmed the decree and judgment passed by the trial Judge. Aggrieved by the judgment and decree passed in A. S. No. 132/97, the appellant herein has preferred the Second Appeal before this Court.

( 2 ) INITIALLY there were two plaintiffs. The 1st plaintiff, who was the father of the 2nd plaintiff, died during the pendency of the first appeal. She being the sole heir, the appeal was prosecuted by her.

( 3 ) ON presentation of the appeal, notice was issued to the respondents. First respondent herein was served but no appearance was put in. Notice was issued to the 2nd respondent on the address given in the suit itself but it was returned with an endorsement by the postal authorities to the effect that "no such person is living in the said village" and therefore, the appeal is proceeded in the absence of the respondents.

( 4 ) THE learned Counsel for the appellant herein pointed out that the first appellate Court did not frame the point for consideration as contemplated under Order 41 Rule 31 C. P. C. The point for determination as framed by the learned Judge is as under: "whether the judgment and decree of the trial Court is liable to be set aside? Such type of framing the point for consideration is absolutely of no use in deciding the real dispute between the parties. The First appellate Court as well as the trial Court have to comply the provisions contained under Order 41 Rule 31 C. P. C. and then to answer the point as per the evidence on record. This is the point of law raised by the learned Counsel for the appellant herein.

( 5 ) THIS Court is inclined to remand A. S. No. 132/97 to the file of the additional District Judge, Madanapalle with a direction to frame proper points for consideration and to decide the appeal according to law.

( 6 ) WITH this direction, the Second Appeal stands allowed. No costs.