T. Nandakumar Singh, J.

1. By this Second Appeal the appellant/plaintiff is assailing the concurrent finding of the facts by the learned Trial Court and First Appellate Court that the appellant/plaintiff and the respondent/defendant are the joint purchasers of the suit land under the Registered Sale Deed dated 3.4.75 (Ext.3) from one Smti Smiya Donye Nara at a considerable amount of Rs. 4000/- (Four thousand) only and accordingly the appellant/plaintiff is not the sole owner of the suit land.

2. The substantial questions of law formulated for decision in the present Second Appeal are :

(1) Whether the proof of oral agreement between the parties of one side of an instrument is barred under Section 92 of the Indian Evidence Act?

(2) Whether the decree declaring right, title and interest of the defendant can be passed without a counter claim and on the basis of the revenue records?

(3) Whether the judgment and the decree of the lower appellate court is inconformity with the provision of order 41, Rule 31 of CPC as all the issues have not been discussed and decided?

3. Heard Mr. B.C. Das, learned Senior Counsel assisted by Mr. M.K. Mishra for the appellant/plaintiff. None appears for