BANSHI LAL Vs. SHAKIL AHMAD

JUDGEMENT

(1.) The substantial question of law involved, framed and to be answered in the Second Appeal preferred by the plaintiffs is as under:

(2.) The plaintiffs' declaration of title, recovery of possession and permanent injunction was dismissed by the trial Court vide judgement and decree dated 22-02-2010 and the Cross Suit filed by defendant No.1 was decreed. The plaintiffs preferred an appeal under Section 96 of the CPC questioning the decree granted by dismissing the suit within application for condonation of delay as the appeal barred by 57 days delay assigning reason that there is delay in making an application and obtaining the certified copy, collecting funds for engaging a counsel and filing the appeal, therefore, delay in filing the appeal be condoned and the appeal be heard on merits.

(3.) The First Appellate Court vide its impugned order, rejected an application under Section 5 of the Limitation Act and consequently, dismissed the appeal. Against which the Second Appeal has been preferred and substantial question of law has been framed and incorporated in para 1 of the judgement.