ORDER :

1. Being aggrieved and dissatisfied with the judgment and order dated 27.04.1988 passed by the learned 2nd Jt. Civil Judge (S.D.), Junagadh in Regular Civil Suit No.448 of 1979 as well as the judgment and order dated 30.11.2000 passed by the learned II Joint District Judge, Junagadh in Regular Civil Appeal No.86 of 1989, the appellant has filed the present second appeal.

2. Heard Mr. Mehul Shah, the learned Senior Counsel assisted by Mr. Samee Uraizee, the learned counsel appearing for the appellant and Ms. Dharitri Pancholi, the learned AGP appearing for the respondent Nos.1 and 3 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