ORDER :

1. Being aggrieved and dissatisfied with the judgment and Order dated 27.09.2002 passed by the learned 3rd Extra Assistant Judge, Rajkot in Regular Civil Appeal No.45 of 1994, the appellants have filed the present second appeal.

2. Heard Mr. Hardik Rawal, the learned counsel appearing for the appellants and Mr. Bhavin Raiyani, the learned counsel appearing for the respondent 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, compliance of Order 41 Rule 31 of C.P.C. is mandatory.

5. In the recent judgment of the Hon’ble Apex Court in case of K. Karuppuraj (supra) and Ju