JUDGMENT

Jaspreet Singh, J.—Heard learned counsel for the appellant and Sri P.K. Jaiswal, learned counsel for the respondents.

2. This is the defendant’s second appeal against the judgment of reversal passed by the Lower Appellate Court in Regular Civil Appeal No. 86 of 2015 whereby the Additional District Judge, Court No. 3, Sitapur while allowing the appeal of the plaintiff-respondents by means of judgment and decree dated 28.10.2017 has set aside the judgment passed by the Trial Court dated 27.05.2015 in Regular Suit No. 74 of 2015 as a result, the suit of the plaintiff stood decreed.

3. The instant second appeal was admitted by a coordinate Bench of this Court by means of order dated 06.12.2017 on the following substantial questions of law which are being reproduced hereinafter for ready reference.

“1. Whether the lower appellate court has committed manifest illegality in not making compliance of Order XLI Rule 31 and thereby the judgment impugned is not sustainable in the eyes of law?

2. Whether the judgment impugned has been passed by the lower appellate court without reversing findings recorded by the trial court and without establishing the right and title as well as poss