JUDGMENT :

1. This appeal has been preferred by the appellants/defendants under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') questioning the legality and propriety of the judgment and decree dated 18.02.2020 passed by the learned District Judge, Rajnandgaon (C.G.) in Civil Appeal No.91-A/2019, whereby the lower appellate Court has allowed the appeal filed by the respondent/ plaintiff and set aside the judgment and decree dated 10.07.1987 passed by the Civil Judge, Class-I, Rajnandgaon (C.G.) in Civil Suit No. 183A/1986 whereby the suit filed by the plaintiff has been decreed in defendant's favour.

2. The parties to this appeal shall be referred to hereinafter as per their description in the civil suit.

3. This appeal has been admitted by this Court on 05.03.2021 on the following substantial questions of law:-

(i) Whether the First Appellate Court is justified in holding that the suit is within limitation by recording a finding perverse to be record?

(ii) Whether the First Appellate Court is justified in holding that the suit is maintainable without service of notice under Section 80 of the CPC by recording a finding perverse to the record?

(iii)