( 1 ) THIS appeal is admitted on the following substantial questions of law :" (0 Whether the party having not chosen to contest the suit in the trial court and has a right of appeal under Section 96, CPC? (ii) Whether in view of the provisions of Order 8, Rule 10, CPC no appeal could be preferred by the defendant? (iii) Whether the lower Appellate Court had made out a new case against the pleadings of the parties? (iv) Whether the decree passed by the lower Appellate Court is against the provisions of law and is perverse?"

( 2 ) BEFORE adjudicating upon the questions of law, facts giving rise to this appeal are necessary : the plaintiff-appellant has filed a civil suit that the suit land bearing Survey No. 18, having an area of 1. 872 hectares situated in village Padrat. Tehsil and District Vidisha is held by him as Bhumiswami. The plaintiff pleaded that the suit land originally belonged to his father Karan Singh and cousin Veersingh. The plaintiff is using this land continuously for grazing his cattle. The suit land can be used by the plaintiff only for agricultural purpose. The plaintiff's ancestors were holding the suit land on zamindari and after the abolition of