JUDGMENT :

A. BADHARUDEEN, J.

1. This Regular Second Appeal arises out of decree and judgment in A.S. No. 3/2019 on the files of the Subordinate Judges Court, Ottapalam, dated 30.3.2023 and the appellant is the respondent in the above appeal and the plaintiff in O.S. No. 119/2015 on the files of the Munsiff Court, Pattambi.

2. Heard the learned counsel for the appellant/plaintiff as well as the respondent/defendant.

3. I shall refer the parties in this appeal as ‘plaintiff’ and ‘defendant’ for convenience.

4. As per order, dated 14.7.2023, my learned predecessor admitted this appeal as under:

“Admit on the substantial questions of law framed in the memorandum of appeal.

Issue notice by speed post returnable in two weeks to the respondent.”

5. Since Section 100 r/w Order XLII of the Code of Civil Procedure (for short ‘the C.P.C.’ hereinafter) mandates formulation of substantial questions of law by the second appellate court to admit an appeal, substantial questions of law are formulated as under:

(1) Whether the first appellate court ignored presumption under Section 114(e) of the Indian Evidence Act, 1872, while holding that, since the plaintiff did not give evidence in support of execution