JUDGMENT :

1. This second appeal has been filed by the defendant-appellants against the judgment and decree dated 11.7.2007 and 24.7.2007 respectively passed by the Additional District Judge, Court No. 2, Bijnor dismissing the Civil Appeal No. 96 of 2006 filed by the appellants whereby the judgment and decree dated 30.11.2006 passed by the Additional Civil Judge (Junior Division), Court No. 3, Bijnor in Original Suit No. 72 of 1995, was affirmed.

2. The following substantial question of law was framed by the Court on 11.10.2007:

“(i) Whether the finding given in the Consolidation Suit regarding Balram Singh will operate as res judicata in the subsequent suit as the said finding is a nullity in view of the decision of this Court in Prabhat Sharma and another Vs. Hari Shankar Srivastava and others 1988 ALJ 436 which has relied upon the decision of the Supreme Court in Ram Chandra Arya Vs. Man Singh AIR 1968 SC 954?”

Two other substantial questions of law were framed by the Court on 24.7.2019:

"(ii) Whether the courts below were justified in decreeing the suit without appointing the plaintiff-respondent no.2 as the guardian of the plaintiff-respondent no.1 in view of the provisions of Sect