JUDGMENT :

This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “the Code”) challenging the judgment and decree dated 24.03.2009 passed in Title Appeal No.22/2007 by the learned Civil Judge Hailakandi (for short “First Appellate Court”) whereby the judgment and decree dated 29.09.2007 in Title Suit No.102/06 passed by the Court of the learned Civil Judge (Junior Division) Hailakandi (for short “the Trial Court”) was affirmed.

2. It appears from the records that this Court vide an order dated 04.10.2010 had admitted the instant appeal by formulating a substantial question of law. The said substantial question of law is reproduced herein under:

“1. Whether the learned first appellate Court is justified in upholding the judgment and decree passed by the learned trial court without recording any finding relating to ready and willingness of the plaintiff to execute his part of the contract?”

3. In addition to that, on 07.12.2023, this Court had framed an additional substantial question of law which is also reproduced herein under:

“Whether the judgment of the appellate court is bad in law for non-compliance of the provisions of Order 41 Rule 31 of the Code of