( 1 ) THE appeal was presented on 1. 8. 1995 against the first appellate judgment and decree dated 31. 5. 95 in Civil Appeal No. 457 of 1991 passed by the VIIth Additional District Judge, Azamgarh. The first appeal arose from the Original Suit No. 55 of 1965 decreeing the suit by the judgment and decree dated 27-11-68 recorded by the Additional Civil Judge, Azamgarh.

( 2 ) PRIOR to the presentation of the appeal Sri L. P. Singh had filed a caveat on 3. 7. 95. The matter came up in presence of the learned counsel for both the parties on 1. 9. 95 when the appeal was admitted and the prayer for stay of the operation of the first appellate decree together with the hearing of the appeal was expedited by another judicial order of the same date. At the time of admission, however, no substantial question of law was framed by the Judge admitting the appeal. The memo of appeal, however, indicated that ground Nos. 3,4,5 and 6 involved, indicated that ground Nos. 3,4,5,and 6 involved questions of law. When the matter came up for hearing a preliminary objection was taken on behalf of the respondents for absence of framing of substantial questions of law as required under Secti