Existence of a cause of action is essential for maintainability of a civil suit, and non-framing of points for determination by the appellate court does not invalidate its judgment if substantial compliance is shown.

ORAL ORDER

1. Present second appeal u/s 100 of the CPC is filed against the judgment and decree dated 21.8.2018 passed by the learned Addl. District Judge, Visavadar in Regular Civil Appeal No.55 of 2017, whereby the learned appellate Court reversed the judgment and decree dated 6.8.2013 passed by the learned Principal Civil Judge, Visavadar in Regular Civil Suit No.26 of 2010.

2. Brief facts leading to filing present second appeal reads as under:-

2.1 The plaintiffs filed Regular Civil Suit No. 26/2010 before the Principal Civil Judge, Visavadar against the defendants for removal of encroachment and handing over the possession, the plaintiffs also sought declaration and permanent Injunction. It is stated in the plaint that the plaintiffs are having an agricultural land admeasuring H-Are- Sq. Mtrs. 4- 05-70 (Acre 10-01 Guntha) of S.No. 244 Paiki 2 of Village Prempara, Taluka Visavadar; it is further stated that the defendants are having four parcels of four deferent accounts of agricultural lands of deferent survey numbers viz. S.No. 244/p1/p2, 244/p3 (defendant no. 1); 244/p1/p2, 244/p4/p1 (defendant 3); no. 244/p1 (defendant nos. 1, 2 and 3 jointly); 244/p4/p2 (defendant nos. 1 and 4 jointly), at the southern side of the plaintiffs' land; and the defendants have encroached upon the land of the plaintiffs before about 25 months to the extent of about 1.5 vighas; The plaintiffs have carried out the measurement of their land by the Surveyor of DILR, Junagadh and the measurement of the land was found H-Are-Sq.Mtrs. 3- 79-47, the said measurement done on 21.11.2009; it is further stated that instead of measurement H-Are- Sq.Mtrs. 4-05-70, H- Are-Sq.Mtrs. 3-79-47 found after the measurement and therefore the defendants have encroached upon the land of the plaintiffs to the extent of H-Are-Sq.Mtrs. 0-26-23; the defendants have refused to remove their encroachment and therefore, after the measurement dt.21.11.2009 cause of action arose for filling the suit.

2.2 In the said suit the defendants filed their written statement vide Exhibit 14 stating that the suit is not maintainable as per law and facts, the suit suffers from non-joinder of parties, the suit is barred by limitation. It is further stated that they have not encroached upon the land of the plaintiffs, factually land of defendant no.1 is situated at the southern side of the plaintiffs' land and since the time of their forefather the boundaries of the respective lands are as it is, and possession is also as it is. It is further stated that the defendants are having possessions of the land since their forefather and the plaintiffs are aware about the same however by concealing the true facts the suit came to be filed; and the defendants are having continuous and peaceful possession of the land since more than 13 years and have installed tube-well and also having small room and various kind of trees and therefore, they became owner by way of adverse possession.

2.3 The suit of the plaintiffs came to be dismissed vide the judgment and decree dt.06.08.2013 passed by the learned Principal Civil Judge, Visavadar in Regular Civil Suit No. 26/2010.

2.4 Aggrieved by the same, the plaintiffs (respondents herein) preferred Regular Civil Appeal No. 55/2017 (old no. 2/2013) which came to be allowed vide the judgment and decree dated 21.08.2018 passed by the learned Additional District Judge, Visavadar

2.5 Hence, present second appeal.

3. The parties are referred in the present petition as per their original status before the learned trial Court.

4. Heard learned advocate Mr. Tushar Sheth for the defendants and learned advocate Mr. Monal Chaglani for th