Hon’ble Praffulla C. Pant, J.

This second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 26.03.1979, passed by Civil Judge, Almora, in Civil Appeal No. 04 of 1976, whereby the judgment and decree dated 08.03.1976, passed by Munsif Pithoragarh, in Civil Suit No. 60 of 1966, is set aside, and the appeal is allowed.

2. Heard learned counsel for the parties and perused the papers on record.

3. Factual matrix of the case is that a suit No. 60 of 1966 was instituted by plaintiffs / appellants under Order I Rule 8 of the Code of Civil Procedure, 1908, for declaration and injunction in respect of the forestland lying between the plaintiff’s village Pilkhi and defendant’s villages Kalwe Farsola and Sartola, all three villages situated in Patti Palla Athigaon, Tehsil and District Pithoragarh. It is pleaded in the plaint that the land in question lies within the territorial boundary of village Pilkhi, which is wrongly shown now, within the traditional boundaries of village Kalwe Farsola and Sartola, by the Settlement Authorities. The plaintiffs/appellants filed their objections to this change before the Assi