This Regular Second Appeal is directed against the judgment and decree dated 26.5.2005 passed by the learned Civil Judge (Sr. Divn.)No. 1. Kamrup, Guwahati in Title Appeal No. 18 of 2004 whereby and whereunder the learned appellate Court below allowed the appeal directing return of the plaint under Order 7 Rule 10 of the Code of Civil Procedure (for short 'the Code' only) by setting aside the judgment and decree dated 29.1.2004 passed by the learned Civil Judge (Jr. Divn.)No. 1 Kamrup, Guwahati in Title Suit No. 199 of 1998 holding that the learned trial Court has no jurisdiction to try the suit with reference to the pecuniary limits of the jurisdiction of the trial Court.

2. Before narrating the facts leading to the filing of this appeal, the Court noted the two substantial questions of law that need to be decided in this appeal, which were formulated at the time of admission of the appeal. The two substantial questions of law are as follows -

"(i) Whether the learned lower appellate Court committed illegality in setting aside the judgment and decree of the trial Court on ground of pecuniary jurisdiction without any proof of prejudice being caused to the responde