( 1 ) HEARD learned counsel for the parties. Following substantial question of law arises in this appeal :-Whether the judgment and decree of the first appellate court is no judgment in the eye of law because of the fact that the first appellate court did not consider the facts, issues and evidence and even did not consider the arguments advanced by the appellant on merit of the appeal on various issues framed by the trial court and consequently, the judgment of the first appellate court cannot be said to be a judgment recording or upholding the finding of fact involved in the lis between the plaintiff and defendant ? at the request of both the learned counsels for the parties, this appeal is decided.

( 2 ) IT appears from the judgment and decree of the trial court dated 8. 2. 2002 that the plaintiff filed suit for permanent injunction, prohibitory as well as mandatory, upon which the trial court framed as many as 12 issues. The trial court heard the arguments in detail which is apparent from the judgment dated 8. 2. 2002 and thereafter recorded the finding issuewise. The trial court held that the land in question is land of way and the patta issued in favour of the presen