JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. P.K. Roychoudhury, the learned counsel for the appellants and Mr. S.K. Ghosh, the learned counsel appearing on behalf of the respondent Nos. 2 to 4.

2. The instant Appeal is directed against the judgment and decree dated 26.03.2004 passed in Title Appeal No. 23/2002 whereby the Appeal was dismissed thereby affirming the judgment and decree passed in Title Suit No. 23/1996 dated 22.05.2002. The instant Appeal is being taken up at the stage of Order XLI Rule 11 of the Code of Civil Procedure, 1908 (for short ‘the Code’) to ascertain as to whether the substantial questions of law so proposed by the learned counsel for the appellant can at all be formulated in terms with Section 100 (4) of the Code.

3. The learned counsel for the appellants has proposed before this Court the following three substantial questions of law which can be formulated in terms with Section 100 (4) of the Code:

(i) Whether the First Appellate Court while deciding the Issue No. 3 failed to frame and/or determine the question of adverse possession of the Defendant No. 1, 2, 3?

(ii) Whether the judgment of the First Appellate Court failed to state the point for determination an