1. The appellant/original plaintiff has filed this Second Appeal under section-100 of the Civil Procedure Code, challenging the judgment and order passed by the learned District Judge, Bharuch in Regular Civil Appeal No.86/1982 dated 10th May, 1984, dismissing the said appeal and confirming the judgment and decree passed by the learned Civil Judge (Senior Division), Baroda, in Civil Suit No.555/1977, dismissing the said suit.

2. This Appeal was admitted by this Court on 13th April, 1985 and following substantial question of law was framed by the Court.

Whether in the facts and circumstances of the case, the lower courts erred in holding that there was no valid gift of the suit property and that the gift was nominal and not acted upon?

3. This Second Appeal was originally filed through the counsel of the appellant Mr. V.J. Desai. After his death, Mr. I.M. Kapur, the learned advocate appeared on behalf of the appellant. Thereafter, in Miscellaneous Civil Application No.1751/2009, Mr. L.R. Pathan, learned advocate appeared. The said Miscellaneous Civil Application was filed for restoration of Miscellaneous Civil Application No.3022/2008. Even in Civil Application No.1405/201