RAMIKA BAI Vs. NAKUL

JUDGEMENT

(1.) By this appeal the present appellants/plaintiffs have challenged legality and propriety of the judgment and decree dated 4-8-2005 passed by the 1st Additional District Judge, Mahasamund in Civil Suit No. 5 A/2003, whereby learned Additional District Judge after holding that the appellant is owner of the suit land has dismissed the suit as barred by limitation.

(2.) Judgment and decree are challenged on the ground that the suit filed by the plaintiff/appellant was within limitation and the plaintiff has also pleaded the claim of exemption under Section 14 of the Limitation Act, 1963 (for short 'the Act, 1963'), but the learned Court below has not considered the allegation of the plaintiff and has arrived at a finding not corroborated by the allegation and evidence of the parties.

(3.) Case of the plaintiffs/appellants in brief is that originally plaintiff Rambha Bai was owner and possessor of Khasra No. 8 area 1.86 hectares situated at Village Chakrada, Patwari Halka No. 28/5, Tehsil Saraipalli, Distt. Mahasamund. The present appellants are sons & daughters of brother-in-law (Devar) Padum of original plaintiff Rambha Bai who died during the pendency of suit and subsequently, Padum died during the pendency of this appeal. Respondents No. 1 and 2 and two other persons namely, Sonsingh and Hetram forged document in the name of original plaintiff Rambha Bai in the style of sale deed and on the basis of such document they mutated their names and dispossessed the present plaintiffs from possession. Suit for declaration of alleged sale deed as null and void and for declaration of title and possession was filed on 7-3- 2000 before the Civil Judge, Saraipali, same was objected by the respondents on the ground of territorial jurisdiction and finally the plaint was returned on 30-7-2002 to the original plaintiff for filing the same before the competent Court i.e. the Court of Additional District Judge, Mahasamund under Order 7, Rule 10 of the CPC. Again the plaint was presented before the Additional District Judge, Mahasamund. The plaint was amended vide order dated 12-2-2004 and specific allegation relating to limitation and exemption under Section 14 of the Act, 1963 on the basis of filing of suit before wrong Court was amended. Respondents No. 1 and 2 original defendants had contested the suit mainly on the ground that deceased Rambha Bai has consciously executed the sale deed in question and the suit was hopelessly barred by time. After affording opportunity of hearing to the parties, the suit was decided vide the judgment and decree impugned in which the appellant deceased Padum was declared owner of the suit land, but the suit was dismissed on the ground of limitation. No cross-appeal or cross-objection has been filed on behalf of the respondents.