JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. I. Alam, learned counsel for the appellant. Also heard Mr. L.R. Mazumder, learned counsel for the respondents.

2. This is a second appeal under Section 100 CPC filed by the appellant/defendant against the judgment dated 15.05.2001 and decree dated 21.05.2001 passed by the learned Civil Judge (Senior Davison) Morigaon in Title Appeal No. 11/99 allowing the appeal preferred by the respondents/plaintiffs by setting aside the judgment and decree dated 30.01.1999 and 03.02.1999 respectively passed by the learned Civil Judge (Junior Division) No. 1, Morigaon in Title Suit No. 90/1993 dismissing the suit filed by the respondents/plaintiffs.

3. When the appeal was admitted, the following substantial question of law was framed:

(a) Whether the first appellate court committed illegality by admitting Ext. ‘Kha’ in to evidence in spite of strong objections from the appellant/defendant side as Ext. ‘Kha’ was obtained fraudulently in collusion with the settlement authority and that to without serving proper notice as required under the law.

4. The respondents as plaintiffs filed a title suit before the court of Civil Judge (Junior Division), Morigaon for decla