JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Second Appeal No. 142 of 2009

Let the Second Appeal No. 142 of 2009 be detached from Second Appeal No. 175 of 2009 in view of the submission of the learned counsel for the appellant that he has got no instruction to argue the matter so far as Second Appeal No. 142 of 2009 is concerned.

In view of his such submission, Second Appeal No. 142 of 2009 is dismissed as not pressed.

Second Appeal No. 175 of 2009

1. Heard Mr. Ayush Aditya, learned counsel for the appellant.

2. This second appeal has not been admitted, however notice has been issued upon the respondents and notice has been effected upon some of the respondents and notice has not been effected upon some of the respondents and it has been reported that respondent no. 4 has left for his heavenly abode. Thus, this second appeal is already abated against respondent no. 4. This second appeal is not admitted as yet. It is well settled when substantial question of law is involved the second appeal is required to be admitted and thereafter notice is required to be issued.

3. In that view of the matter, the Court has heard at length the learned counsel for the appellants on the point of admission on substan