( 1. ) THE decision rendered in this second appeal shall also govern disposal of other connected second appeal being S. A. No. 573 of 2002 because both these appeals arise out of the same judgment/decree so too the suit.

( 2. ) THIS second appeal is filed by the defendant No. 1 under Section 100 of CPC against the judgment/decree dated 23-9-2002, passed by learned IVth Additional District Judge, Mandsaur, in C. A. No. 3-A of 2001, which in turn arises out of Civil Suit No. 6-A of 2000, decided by Ist Civil Judge, Class I, Mandsaur, on 17-11-2000. Both the Courts below, i. e. , Trial Court as well as First Appellate Court have decreed plaintiffs suit giving rise to filing of this second appeal by defendant No. 1 whereas, the other second appeal (573 of 2002) is filed by defendant Nos. 2 to 6 contending that the appeal involves substantial question of law as is contemplated under Section 100 of CPC. So the question that arises for consideration in these appeals is, whether appeals involve any substantial question of law, or not ?

( 3. ) HEARD Shri A. K. Sethi, learned Counsel for the appellant on the question of admission.

( 4. ) AT the out set it may be taken note of that in an