ORDER :

Sanjay K. Agrawal, J.

1. The substantial question of law involved, formulated and to be answered by this Court in this second appeal of appellant/Defendant No. 1 is as under:--

"Whether the first appellate Court was justified in dismissing the appeal on the ground that the appellant/defendant No. 1 only claimed relief of mandatory injunction and did not seek declaration of title and recovery of possession?"

2. The imperative facts required for determination of above-stated substantial question of law are as under:--

[For the sake of convenience, the parties would be referred hereinafter as per their nomenclature shown in the suit filed before the trial Court]

(2.1) The plaintiffs filed a suit for declaration of title and permanent injunction stating inter-alia that they are the title holder of the suit land bearing Khasra No. 669/7, area 0.009 hectare situated at Village Gondhwara, District Raipur and also prayed for permanent injunction restraining the appellant/defendant No. 1 from interfering with their peaceful possession.

(2.2) The written statement was filed by the defendant No. 1 opposing the plaint averments. Thereafter, defendant No. 1 made an application for amendment se