S.C. DAS, J.

1. This second appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the appellate judgment dated 11.07.2008 passed by learned Addl. District Judge (Fast Track Court), Kailashahar, North Tripura in Title Appeal No. 13 of 2008, whereunder the learned Addl. District Judge dismissed the appeal and upheld the judgment and decree dated 04.02.2008 and 08.02.2008 respectively passed by learned Civil Judge, Junior Division, Kailashahar in Title Suit No. 38 of 2005.

2. Heard learned counsel, Mr. D.K. Biswas for the appellants and learned counsel, Mr. P. Dutta for the respondents.

3. By order passed on 27.01.2009 the second appeal has been admitted by this Court on the following substantial question of law:

“Whether the learned trial court as well as the learned appellate court had the jurisdiction to decide an issue, which is pending before the High Court for decision i.e. the matter relating to Survivorship Certificate”

3.1. At the time of hearing on the submission of learned counsel of the appellants another substantial question of la