ADMIT.
Shri Dharmesh Shah, learned advocate waives service of notice of admission on behalf of the respondents. The following substantial questions of law arise for determination in the present Second Appeal;
"(i) Whether the learned appellate Court was justified in allowing the appeal and quashing and setting aside the decree passed by the learned trial Court even though the learned appellate Court has specifically held that the subsequent agreement, Exh. 116 was binding to the parties? In view of the finding given by the learned appellate Court that the subsequent agreement, Exh. 116 was binding to the parties, in that case, the learned appellate Court ought to have passed the decree considering the settlement, Exh. 116 and to that extent, the learned appellate Court ought to have modified the decree passed by the learned trial Court.
(ii) Whether the learned appellate Court was justified in deciding the appeal without deciding the cross objection filed by the appellants?"
(M.R.
SHAH, J.) siji Top