ORDER :

1. Being aggrieved and dissatisfied by the impugned judgment and order dated 01.10.2016 passed by the learned 5th Additional District Judge, Gandhidham, Kachchh in Regular Civil Appeal No.04 of 2013, the appellant has preferred the present second appeal.

2. On 07.06.2022, this Court passed the following order :

The notice on respondent has been served by the publication in news papers as per the affidavit, though notice has been served upon the publication in news paper, none is present for the respondent. The matter to be proceeded ex-parte against the respondents. Stand over to 05.07.2022.

3. Learned counsel appearing for the appellant 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. 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 p