( 1 ) THIS second appeal was originally filed in the erstwhile High Court of Hyderabad and was transferred to this Court under the provisions of the States Re-organisation Act. The details of the earlier proceedings in this second appeal are fully set out in the order dated 24th June 1963 of the Bench of five Judges which after hearing the arguments on the preliminary point relating to the reference to a Full Bench by the Division Bench of the erstwhile High Court of Hyderabad which heard the appeal in the first instance, held that the same should be heard and disposed of by a Full Bench of three Judges, it is unnecessary to repeat those details. It is enough to take note of two points. The suit, out of which this appeal arises, having been instituted long before the Indian Civil procedure Code (Central Act V of 1903) was extended to the erstwhile State of Hyderabad, the scope of the Second Appeal is as determined by the relevant provisions of the Civil Procedure code of that State. According to those provisions, the parties are entitled to raise and the High court empowered to examine and interfere with both questions of fact and questions of law. Secondly, the D