was closed and the suit was fixed for hearing under Order VIII Rule X of Code of Civil Procedure. Since the plaint allegations were not controverted, no issue actu- ally arose between the parties for determination, nonethe- less, the trial court after formulating the point of determina- tion i.e. whether the plaintiff-appellant has been able to es- tablish his case over the suit land by any cogent and reli- able evidence proceeded to decide the suit on merits. The suit was decreed but the decree, as stated earlier, was re- versed by the first appellate court and its decision was up- held by the High Court. 9. The plaintiff-appellant has now come up before this Court by filing Special Leave Petition, which on leave being gran- ted has been registered as Civil Appeal. We have heard Ms. Nandadevi Deka, learned counsel for the appellant and Mr. Suyash Vyash, learned counsel for the respondents. 10. The primary argument advanced on behalf of the plaintiff- appellant is that he or his