MANIRAM TAMRAKAR Vs. KUNJ BIHARI GAHAWAI

JUDGEMENT

(1.) Legality and propriety of order dated 11-3-2010 passed by VIIIth Civil Judge, Class-II, Bilaspur, in Civil Suit No. 15-A/2010, allowing the respondent's application filed under Section 14 of the Limitation Act, 1963 (for short, 'the Act, 1963'). Facts in nutshell necessary for disposal of this revision are that: the plaintiffs had filed a suit for recovery of possession and damages against the defendant being Civil. Suit No. 317-A/1983. In the said suit, the cause of action was shown to have arisen in the year 1983. The suit was dismissed by the trial Court on 26-9-1989.

(2.) Appeal preferred there against by the plaintiffs was allowed by the Additional District Judge, Bilaspur vide its judgment and decree dated 28-7-1995.

(3.) The defendant/applicant herein preferred miscellaneous appeal before this Court against the appellate judgment. This Court, vide order dated 14-11-2008 (Annexure P/5) allowed the applicant's appeal inter alia on the ground since the suit was filed under Section 6 of the Specific Relief Act, therefore, remedy of appeal was not available to the plaintiff's and the appeal preferred by the plaintiffs was not maintainable and set aside the appellate judgment with liberty to the plaintiffs to file fresh suit for possession based on title subject to law of limitation.