ORDER :

1. Present Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellants – original appellants/defendant against the judgement and decree dated 07/10/2022 passed by the learned Principal District Judge, Tapi in Regular Civil Appeal No.2 of 2018, by which the learned first appellate court dismissed the appeal confirming the judgement and decree dated 12/04/2017 passed by the learned 2nd Additional Senior Civil Judge, Vyara in Regular Civil Suit No.53 of 2013, by which the learned Civil Judge partly allowed the suit.

2. The appellate Court framed the following Issues :-

“(1) Whether the appellants establish that the order of the trial court is illegal, bad or erroneous which requires interference?

(2) What Order and decree?”

3. Heard Mr. N.V. Gandhi, learned advocate for the appellant.

4. Mr.Gandhi, learned advocate for the appellant has vehemently submitted that the learned first appellate court has not framed issues on the basis of the evidence on record on the controvery between the parties and has not recorded its own findings.

5. Considering the above fact the First Appellate Court has to apply its mind independently and frame the is