1. This is defendant's appeal, aggrieved by the judgment and decree dated 7.12.1995 in Civil Appeal No.11-A/1994 by First Additional District Judge, Raisen reversing the judgment and decree passed by the Civil Judge Class II, Raisen in Civil Suit No.20-A/1979 dated 25.2.1992. The trial Court dismissed the suit of plaintiff-respondent.

2. This appeal was admitted on 13.2.1996 on the following substantial questions of law:

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"(1) Whether in absence of any particulars, as provided under Order VI, rule 4 of the Code of Civil Procedure, in the plaint, the Court below was justified in decreeing the suit of the respondent-plaintiff?

(2) Whether in view of the document Ex.D-2, which is an express sale-deed, oral evidence is admissible to show that it was a mortgage deed."

3. Learned counsel for the appellant assailed the judgment and decree passed by the Court below on the grounds:

(i) That in absence of particulars of fraud in the pleadings, the appellate Court erred in reversing the judgment and decree passed by the trial Court.

(ii) The sale-deed was executed by the plaintiff in favour of the appellant by which property was specifically sold to the appellant. The consideration was paid