1. By this second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellant has challenged the legality and propriety of the judgment and decree dated 2.2.90 passed by the Additional District Judge, Baikunthpur, in Civil Appeal NoAAl89, reversing the judgment dated 17.1.84 and decree dated 23.1.84 passed by the Civil Judge Class-II, Baikunthpur, in Civil Suit No.1 OA/8l.

2. The present second appeal has been admitted for consideration on the following substantial questions of law:-

(i) Whether the civil court has jurisdiction to declare as nullity the order Revenue Court passed without notice and without inquiry and without finding the essential ingredients to attract the power of the Revenue Court?

(ii) Whether the appeal by the State before the A.DJ. was competent at all ?

3. As per pleadings of the parties, one Pruthwinath Pandeya, elder brother of the appellant was in possession of the suit land admeasuring area 5.01 acres situated at village Ghughra, Tahsil Baikunthpur, then District Surguja since 1964 till his death i.e. 1977. After death of Pruthwinath Pandeya, the present appellant as younger brother of Pruthwinath Pandeya bec