Hon’ble Sudhir Agarwal, J.—Appeal No. 1038 of 1996 has been presented before the Court by Sri Amar Chandra (since deceased and substituted by his legal representatives), defendant No. 1 in original suit, while Appeal No. 1130 of 1996 has been filed by Smt. Vidyawati, defendant No. 2 in original suit. The appellants are aggrieved by judgment and decree dated 16.9.1996 passed by Smt. Sandhya Bhatt, XIIIth Additional District Judge, Kanpur Nagar in Civil Appeal No. 966 of 1988, whereby it has allowed appeal and set aside the judgment and decree dated 12.7.1988 passed by IVth Additional Civil Judge, Kanpur in Original Suit No. 344 of 1978, as a result whereof the suit has been decreed.

2. The Appeal No. 1038 of 1996 was admitted on 29.11.1996, I did not find from the order that this Court formulated any substantial question of law, though in the memo of appeal defendant-appellant had framed 10 substantial questions of law. However, learned counsel for the appellant pressed only two substantial questions of law, as under:

(A) Whether in the facts and circumstances of the cas