J B PARDIWALA, J.

1. This second appeal under section 100 of the Civil Procedure Code, 1908 (for short "the CPC") is at the instance of the original defendant No.1 and is directed against the judgment and order dated 7th December, 2015 passed by the 4th Addl. District & Sessions Judge, Banaskantha at Deesa arising from the judgment and decree dated 5th July, 2000 passed by the 2nd Joint Civil Judge (JD), Deesa in the Regular Civil Suit No.123 of 1997.

2. For the sake of convenience, the respondent No.1 shall hereinafter be referred to as the original plaintiff, the appellant shall hereinafter be referred to as the original defendant No.1 and the respondents Nos.2 and 3 shall hereinafter be referred to as the original defendants Nos.2 and 3.

3. The plaintiff instituted the Regular Civil Suit No.123 of 1997 in the court of the Civil Judge (JD), Deesa for cancellation of the registered sale deed, declaration and permanent injunction with respect to the agricultural land bearing Revenue Survey No.49, admeasuring 6 acres and 15 gunthas, situated at the village Mahadeviya, District: Deesa. According to the plaintiff, her husband was addicted to liquor, and as the family was in need