ORDER :

1. Being aggrieved and dissatisfied with the judgment and order dated 31.07.2004 passed by the learned Civil Judge (J.D.), Dahod in Regular Civil Suit No.117 of 1999 as well as the judgment and order dated 05.04.2018 passed by the learned 2nd Additional District Judge, Dahod in Regular Civil Appeal No.208 of 2004, the appellant has filed the present second appeal.

2. Heard Mr.C.B. Dastoor, the learned counsel appearing for the appellants and Mr.R.A. Mishra, the learned counsel appearing for the respondents and perused the judgment and order passed by both the Courts below and also taken into account the material placed on record of the appeal.

3. Considering the above fact the First Appellate Court has to apply its mind independently and frame the issues appropriately and independently. The provisions of Order 41 of C.P.C. provides that how the Appellate Court has to deal with the Appeal under Section 96 of the Code and the procedure is to be followed as per Order 41 of C.P.C.

4. In the recent judgment of the Hon’ble Apex Court in case of K. Karuppuraj vs M. Ganesan reported in 2021 (10) SCC 777, the Hon’ble Apex Court has held that while deciding the First Appeal, complianc