By judgment and order dated 28.9.1990 the first appellate companyrt allowed the appeal and set aside the decree passed by the Trial Court.
By the impugned judgment the learned Single Judge allowed the second appeal.
The Trial Court by the judgment and order dated 19.9.1987 partially decreed the suit.
Division, Buldana against the appellants defendants.
The respondent plaintiff preferred a second appeal before the High Court of Bombay, Nagpur Bench.
3711 /2005 Dr. ARIJIT PASAYAT, J. Leave granted.
Arising out of SLP C Nos.
Aggrieved by the judgment and decree of the Trial companyrt, the appellants defendants preferred an appeal in the Court of Additional District Judge, Buldana.
Challenge in this appeal is to the order passed by the learned Single Judge of the Bombay High Court allowing the second appeal filed by the respondent under Section 100 of the Code of Civil Procedure, 1908 in short CPC .
Factual background in a nutshell is as follows The respondent plaintiff filed a Special civil suit bearing No.2 of 1986 in the Court of Civil Judge, Sr.
