KIRTANLAL PATEL Vs. SUBADRA AND ORS.

JUDGEMENT

(1.) The substantial question of law formulated and to be answered by this Court in the defendant's second appeal is as under:--

(2.) Impugning the legal acceptability and sustainability of the order dated 14-9-2011 passed by the First Appellate Court, the second appeal under Section 100 of the CPC has been preferred by the defendant No. 4 (appellant herein), which has been admitted for final hearing on the substantial question of law as stated in opening paragraph of this judgment.

(3.) Mr. Hanuman Prasad Agrawal, learned counsel appearing on behalf of the appellant/defendant would submit that the First Appellate Court has committed grave illegality in holding that no sufficient cause has been shown in preferring the appeal under Section 96 of the CPC, whereas, Mr. Ashok Vaishnav, learned counsel appearing for the respondents No. 1 and 2/plaintiffs would submit that the First Appellate Court has rightly rejected the application under Section 5 of the Limitation Act and thereby dismissal of first appeal is well merited.