The above Second Appeal arises out of the judgment and decree dated 04.10.1994 passed by the Additional District Judge, Pusad in Regular Civil Appeal No. 59/1990 by which, the decree dated 22.02.1988 passed by the Joint Civil Judge, Junior Division, Pusad in Regular Civil Suit No.159/1978, has been confirmed. The above Second Appeal raises the substantial questions of law as mentioned in ground Nos. 5, 11 and 12 of the memo of Appeal. The same read thus :

“5. Whether a suit by a co-owner for possession is maintainable without impleading the other co-owners ? If no, whether in the facts and circumstances of the case the suit of the respondent for possession competent and maintainable at the instance of the respondent alone ?

11. Whether it is open for the Court to read in evidence documents not pleaded in the plaint ? If no, whether the Courts below were right in relying upon the alleged gift deed dated 16.01.1930 at Exh.23 ? In absence of necessary pleadings in the plaint to determine the title of the plaintiff ?

12. Whether Section 90 of the Indian Evidence Act, 1872 vests discretion with the Court to apply the presumption of proper attestation and execution to a docum