ORDER :

1. Being aggrieved and dissatisfied by the impugned judgment and order dated 17.04.2018 passed by the learned Principal District Judge, Junagadh in Regular Civil Appeal No.43 of 2010, the appellant – State has preferred the present second appeal.

2. Heard learned counsel appearing for the respective parties.

3. Learned Assistant Government Pleader appearing for the appellant – State has submitted that the First Appellate Court has not properly determined the substantial questions of law and, therefore, the appeal deserves to be allowed.

4. Learned counsel appearing for the respondent has submitted that the Courts below have not committed any error of law and facts and the appeal being meritless deserves to be dismissed.

5. Considering the facts of the case and materials place on record, it appears that the First Appellate Court has not framed any substantial questions of law. I have also perused the impugned judgment and order passed by the Courts below. In my opinion, under Order 41 Rule 31 of the Civil Procedure Code (hereinafter be referred to as “the Code”), the First Appellate Court is bound to frame points for consideration, however, the same is not done. The provision