MURALILAL VISHWAKARMA Vs. MEENA SHARMA

JUDGEMENT

(1.) Legality and propriety of the order dated 24-10-2007 passed by the II Additional District Judge, Bilaspur, in MJC No. 9/07, whereby and whereunder the application preferred by the non-applicant under Section 14 of Limitation Act has been allowed, is under assail in the instant matter.

(2.) Facts of the case in brief are as under:

(3.) Shri Bharat, learned Counsel appearing for the applicants would submit that the earlier proceeding under Section 38 of the Act was initiated by the non-applicant for removal of the obstruction, according to her, put by the applicant No. 1 by putting his lock over and above the lock put by her on the entry gate of the suit shop and, therefore, said petition cannot be said to be without jurisdiction or filed in a Court having no jurisdiction to decide such petition, therefore, Section 14 of the Limitation Act has no application at all in the present case. The suit admittedly being time barred ought to have been dismissed at threshold, thus learned trial Court has committed gross illegality in passing the impugned order. By placing reliance upon the judgments of Supreme Court in Deena (dead) through LRs. v. Bharat Singh (dead) through LRs. and Ors., 2002 6 SCC 336 and in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department and Ors., 2008 7 SCC 169he would further submit that in order to press into service Section 14 of the Limitation Act, following conditions are to be satisfied: