JUDGMENT

Soumen Sen, J. - The second appeal has come up for admission.

We have recorded in earlier order dated 14.02.2022 that the learned Counsel for the parties have submitted that the second appeal itself can be disposed of on the basis of the available records and the pleadings made available to this court by the parties. They have consented to second appeal being heard out along with connected application on merits in presence of the opposite party.

The appellant is aggrieved by the judgment and decree dated 23rd February, 2018 passed by the additional District Judge, 7th Court, Paschim Medinipur in Other appeal No.30 of 2016 thereby reversing the judgment and decree dated 19th December, 2015 passed by the learned Civil Judge (Jr. Division), 1st Court, Paschim Medinipur in Other Suit No.65/2009 heard analogously with Other Suit No.123/2009.

This decree of reversal has been assailed in this second appeal.

In view of the fact that the second appeal is required to be admitted only on substantial question/questions of law. We have invited the appellant to address us on the substantial question/questions of law involved in the second appeal.

Before we refer to the submissions made on beh