RANCHI, India, Sept. 9 -- Jharkhand High Court issued the following order on July 8:

1. Heard the learned counsel appearing on behalf of the parties.

2. This second appeal has been filed against the judgment dated 27.01.1993 and decree dated 17.02.1993 passed by learned 1st Additional District Judge, Dumka in Title Appeal No. 35/87/5/91 reversing the judgment dated 27th May 1987 and decree dated 12.06.1987 passed by learned Sub-ordinate Judge-III, Jamtara in Title Suit No. 17 of 1982/130 of 1986.

3. This appeal was admitted for final hearing vide order dated 09.03.1994 on the following substantial questions of law:

"Whether the finding of the learned appellate court is vitiated for making out a third case beyond the pleadings of the ...