N. Chaudhury, J.

1. The judgment of reversal passed by learned First Appellate Court allowing the appeal and setting aside the judgment and decree passed by the learned trial Court has been called in question in the present Second Appeal. Suit of the plaintiff for declaration of right, title and interest and for confirmation of possession was decreed by the learned Civil Judge (Junior Division) No. 2, Karimganj by judgment and decree dated 19.12.2000 passed in Title Suit No. 136/1996. The said decree has been set aside by the learned First Appellate Court by his judgment and decree dated 26.09.2006 passed in Title Appeal No. 4/2001 and thereupon the present Second Appeal has arisen.

2. This Court while admitting the Second Appeal on 23.03.2007 framed three substantial questions of law which are quoted below:-

“(1) Whether the impugned judgment and decree passed by the learned lower appellate court in setting aside the decree passed against all the plaintiffs by ignoring the order dated 9.5.06 passed by the learned lower appellate court in T.A. No. 4/2001 and thereby setting aside the decree passed by the trial court in its entirety are sustainable in law?

(2) Whether the impu