HARISH TANDON,J. - (1.)This is the second round of litigation between the parties over the subject land. The present second appeal arises from a judgment and decree dated 30th September, 2019 passed by the Learned Additional District Judge, Second Court, Serampore in Title Appeal no. 72 of 2012 reversing the judgment and decree passed by the learned Civil Judge(Junior Divison),1st Court, Serampore on 22nd March, 2012 in Title Suit no. 226 of 2004.
(2.)Being unoblivion of the proposition of law that, at the time of admission of an appeal under Order 41 Rule 11 of the Code, the matter remained with the appellant and the court to ascertain the involvement of the substantial question of law but the peculiar facts involved in the suit invited us to take a digression from such rule to set at rest the controversy lingering between the parties and the docket of the court. The respondents were allowed to make submissions on the basis of the documents annexed with the application for stay filed by the appellant for such limited purposes.
(3.)The matter has a chequered history and the clever draftmanship to create illusory cause of action is eminent and evident from the stand of the Appellants taken in the pleading and the findings returned by both the courts below thereupon.