JUDGMENT: The unsuccessful respondent before the lower appellate Court has filed this second appeal.

2. The plaintiff filed a suit for recovery of a sum of Rs.10,370.20 with interest as acknowledged under Ex.A-7. The defendant contested the suit contending inter alia that under Ex.A-7, the defendant had not executed any such acknowledgment and he is not liable to pay any amount. According to him, after 1979, the defendant did not have any transaction with the plaintiff.

3. The trial Court as suggested on behalf of the defendant, compared the signatures in Ex.A-7 and Ex.A-3, came to the conclusion that the defendant did not execute the said acknowledgment and on that basis, dismissed the suit. Hence, the plaintiff filed an appeal in A.S.No.103 of 1989. The lower appellate Court after comparing the admitted signature of the defendant with the signature under Ex.A-7, found that the signature in Ex.A-7 is the signature of the defendant, and on that basis, reversed the judgment and decree of the trial Court and allowed the appeal. Hence, this second appeal.

4. The substantial questions of law that were framed in this case are as follows:

(i) Has not the subordinate Judge erred in reversing

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