JUDGMENT :

Sudhir Agarwal, J.

Heard Sri W.H.Khan, Senior Advocate, assisted by Sri Gulrez Khan, learned counsel for appellant and Sri Ravi Kant, Senior Advocate, assisted by Sri A.K.Sachan, Advocate as well as Sri Santosh Kumar Mishra, learned counsel for respondents.

2. This is a plaintiff's appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as "C.P.C.") having arisen from judgment and decree dated 07.01.1977 passed by Sri Chandra Mohan, District Judge, Banda in Civil Appeal No.38 of 1971 whereby appeal has been allowed and judgment and decree dated 11.01.1971 passed by Sri Vikash Chandra Jain, IIIrd Temporary Civil and Sessions Judge, Banda, whereby Original Suit No.12 of 1966 was decreed, has been set aside.

3. This appeal was admitted on 25.01.1977 i.e. before amendment of Section 100 C.P.C., therefore it has not been admitted on any substantial question of law, which became necessary on and after 01.02.1977.

4. Section 100 C.P.C., as it was prior to 01.02.1977, read as under:

"100. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decre