Narendra Kumar Jain, J.-This is defendant’s second appeal under Section 100 of the Code of Civil Procedure (for short, ‘Civil Procedure Code’) directed against the Judgment and decree dated 23.07.1988 passed by the District Judge, Tonk, in Civil Regular Appeal No. 2/84 (74/86), whereby he dismissed the appeal of the defendant and affirmed the Judgment and decree dated 212.1983 passed by the Munsiff and Judicial Magistrate, Malpura, in Civil Suit No. 89/74, whereby the suit of the plaintiff-respondents for declaration and permanent injunction, was decreed.

2. This Court, while admitting the Second Appeal on 22.09.1988, formulated the following substantial questions of law:-

“1. Whether on the basis of averments contained in the plaint the civil Court has jurisdiction to entertain the suit filed by plaintiffs and the said suit was not triable by Revenue Courts?

2. Whether the trial Court committed illegality and material irregularity in not taking on record the two documents which were writings in Bahis for Samvat Year 2017 and 2030 in the nature of admission of the plaintiff and when the said documents were produced at the very initial stage and for the purposes of cross-exa