JUDGMENT AND ORDER :

S.C. Das, J.(Oral)

This second appeal under section 100 of Code of Civil Procedure 1908 is directed against the appellate judgment and decree dated, 23.12.2010 passed by the learned Additional District Judge, Court No.3, West Tripura in Money Appeal No. 02 of 2009, where under the judgment and decree passed by learned Civil Judge, Senior Division, Court No.1, West Tripura on 23.05.2009 and 04.06.2009 respectively were set aside.

2. Heard learned counsel, Mr. Pradip Chakraborty for the appellant and learned counsel, Mr. N. Majumder for the respondents.

3. This second appeal was admitted for hearing on the following substantial question of law:

"Whether for not making the State as party to the suit, while Director General of Police was made a party, the appellant/plaintiff can be nonsuited?"

In course of hearing learned counsel, Mr. Chakraborty has prayed for formulating another substantial question of law that the reversal finding of the learned Addl. District Judge is perverse for not considering the evidence on records specially Exbt 1. Considering his submission a further substantial question of law is formulated thus:

"Whether the appellate judgment and decree pass

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