JUDGMENT (ORAL)

The present Second Appeal under Section 100 of the Civil Procedure Code has been filed by the original plaintiff against the judgment and decree passed by the 4th Additional District Judge, Kachchh@Bhuj in Regular Civil Appeal No. 135 of 2005.

2. For the brevity and convenience, the parties are referred to in this Judgment as per the status assigned to them before the learned trial Court.

3. The present Second Appeal came to be admitted on 8.8.2016 for the following substantial questions of law:—

“(1) Whether the judgment and decree passed by the lower Court can be sustained under law, when the mandatory provisions of Order 41, Rule 31 of the Code of Civil Procedure are not complied with by the lower Court?

(2) Whether without there being any counter claim by the respondent No.1, the lower Court had the jurisdiction to pass a decree against the present appellant in the suit of the appellant himself?

(3) Whether the relief granted by the lower Court in favour of the respondent No.1 was clearly time barred in the facts of the case?

(4) Whether the lower Court had jurisdiction to go behind the consent decree, Exh.83, which has become final and binding between the par