JUDGMENT :

Sudhir Agarwal, J.

Heard Sri C.K.Rai, learned counsel for petitioners. None appeared on behalf of respondents though the case has been called in revise, hence I proceed to decide this appeal ex parte since it is a very old matter pending since last 41 years.

2. This is defendants' appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as "C.P.C.") arising from judgment and decree dated 13.12.1976 passed by Sri P.K.Sarin, IIIrd Additional District Judge, Basti, in Civil Appeal No.41 of 1974 whereby it has allowed appeal and set aside judgment and decree dated 10.01.1974 passed by Sri Prakash Narain Rai, Munsif Khalilabad at Basti in Original Suit No.139 of 1970.

3. The appeal was admitted on 27.01.1977 i.e. before amendment in Section 100 C.P.C., came into force on 01.02.1977 and therefore no substantial question of law was framed since at that time, grounds on which second appeal was entertainable were different.

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