ADMIT.
Ms. Maria Dalal, learned advocate appearing for Shri Yatin Soni, learned advocate appearing on behalf of the respondent waives service of notice of admission on behalf of the respondent.
The following substantial questions of law arise for determination of this Court in the present Second Appeal:
(i) Whether the learned trial Court was justified in not granting the relief in terms of paragraph 6(1) of the plaint solely on the ground that the original plaintiff has not lodged any Complaint/FIR before the police with respect to non availability of the plaintiff's brother?
(ii) Whether the learned trial Court has erred in holding issue no. 3 in the negative when despite the public notice nobody raised any objection?
(M.R.
SHAH, J.) siji Top