ORDER :

1. The present appeal, under the provisions of Section 100 of the Code of Civil Procedure, 1908, arises from the impugned judgment and decree dated 07.09.2016 passed by the learned Principal District Judge, Gandhinagar in Regular Civil Appeal No.46 of 2014, whereby the judgment and decree dated 14.05.1998 passed by the learned 3rd Additional Senior Civil Judge, Gandhinagar in Regular Civil Suit No.40 of 1999 allowing the suit in favour of the Government, is reversed.

2. Heard learned advocates.

3. While considering the pleadings of the parties, the following suggested substantial questions of law, which were subsequently added by the appellant by way of draft amendment, which are required to be considered.

(i) Whether the learned appellate court had erred in not considering the Order 41 Rule 31 of the CPC ?

(ii) Whether the learned appellate court had erred in not considering the evidence on record, particularly those relied by the trial court ?

4. It transpires that while considering the appeal by the learned appellate Court below, it has framed the following points for its determination in paragraph 7 and findings are recorded qua them accordingly in the impugned judgment, wh