RAJESH Vs. BHARAT PRASAD PANDEY

JUDGEMENT

(1.) Substantial question of law involved, formulated and required to be answered in this plaintiffs second appeal is as under:-

(2.) Suit filed by the plaintiffs was dismissed by the trial Court on 15.3.2011.Two plaintiffs namely Rajesh and Budhram and one Puniya Bai, new appellant preferred an appeal under Section 96 of the CPC along with an application for condonation of delay in filing the appeal stating that they were not aware about passing of the decree by the trial Court. Reply to the application for condonation of delay was duly filed by the defendants. Ultimately, the First Appellate Court rejected the application filed by the plaintiffs and one Puniya Bai under Section 5 of the Limitation Act by the impugned order and thereby dismissed the first appeal also.

(3.) Against which, this second appeal under Section 100 of the CPC has been filed and substantial question of law formulated has been mentioned in opening paragraph of this judgment.