1. This Second Appeal was admitted on 30.10.2001 on the substantial question of law as stated below:

“Whether the Courts below failed to consider the admission in view of Order VIII, Rules 3, 4 and 5 of the Code of Civil Procedure? “

2. This appeal arises out of the Judgment and Order dt.12.7.1999 passed by the learned 6th Additional District Judge, Nagpur in Regular Civil Appeal No.192 of 1992, which was dismissed. The Regular Civil Appeal arose out of the Judgment and Order dt.24.2.1992 passed in Regular Civil Suit No.996 of 1987 whereby the suit was partly decreed granting refund of a sum of Rs.50,050/- along with interest @ 18 % p.a. from the date of deposit till realisation of the whole amount.

3. The facts, briefly stated, are as under:

The original plaintiff namely Bhika s/o. Antu Kale had filed Regular Civil Suit No.996 of 1987 against the Railways for possession and perpetual injunction and costs of the suit. According to the plaintiff, he is a retired Railway servant. In the year 1981, he came across a proposal from the Divisional Railway Manager (Works), Central Railway, Nagpur for giving plots on licence. The plots were belonging to the Railways at various places an