I. The following four substantial questions of law have been framed by this court on 03-11-2000 for determination in this Civil Second Appeal:-

1. If the appellate court as final court of facts in absence of discussion and appreciation of Statements of witnesses lead by the parties can reverse the judgment of the trial court given on appreciation and discussion of evidence?

2. If in absence of formal admitting/accepting documents in evidence, reliance can be placed on such documents to of-set other evidence which under due procedure has come on record?

3. If in the facts and circumstances of this case, suit for injunction can lie interse co-sharers?

4. Whether the appellate court could give a relief for which no foundation is laid in the pleadings or for the relief which goes beyond the scope of the case pleaded and set up by a party?

II. The facts giving rise to the present appeal are as under:-

Subban Magray and Gh. Nabi Magray sons of Ismail Magray R/o GiliKadal Zoonimar, Srinagar (respondents) filed a suit for permanent injunction against Habibullah Magray and Mohd. Magray sons of Samad Magray R/o GiliKadal Zoonimar, Srinagar (appellants). It was alleged by the respondents that land

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