ORDER :

1. Being aggrieved and dissatisfied by the impugned judgment and order dated 30.09.2021 passed by the learned 4th Additional District Judge, Bharuch in Regular Civil Appeal No.50 of 2017 whereby the learned Additional District Judge has confirmed the impugned judgment and decree dated 04.05.2017 passed by the learned Principal Senior Civil Judge, Bharuch in Regular Civil Suit No.19 of 2005, the appellant has preferred the present second appeal.

2. Heard learned counsel appearing for the respective parties.

3. Learned counsel appearing for the appellants has submitted that the First Appellate Court has not properly determined the substantial questions of law. He has submitted that the appeal deserves to be allowed and the impugned judgment and order deserves to be quashed and set aside.

4. 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