Heard Mr. N. Dhar, learned counsel for the appellants/defendants assisted by Mr. B. Hussain and Mr. A. Choudhury, learned counsel appearing for the respondents/plaintiffs.

2. This appeal is preferred against the judgment and decree dated 01.10.2003 passed by the learned Civil Judge (Sr. Divn.), Barpeta, in Title Appeal No.7/2000 allowing the appeal and setting aside the judgment and decree dated 21.02.2000 passed by the learned Civil Judge (Jr. Divn.), Barpeta, in Title Suit No.34/1990, whereby the suit of the plaintiffs was dismissed.

3. Initially, by a judgment and order dated 14.08.1992, suit of the plaintiffs was dismissed on the ground of pecuniary jurisdiction. However, in Title Appeal No.4/1993, by an order passed on 12.05.1994, the judgment of the learned Trial Court was set aside and the case was sent back for re-trial. Challenge made to the said order dated 18.05.1994 was negated by an order passed by this Court on 18.05.1994 in Civil Revision Petition No.322/1994.

4. The second appeal was admitted to be heard by an order dated 16.03.2004 on the following substantial questions of law:-

“(1) Whether the Chitta (Ext-1) is admissible in evidence in support of the claim