MEWA Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 12.9.2007 which has endorsed the finding of the Trial Judge dated 15.5.2006 whereby the decree dated 31.7.1962 passed in Suit No.164/1972 had been set aside.

(2.) THIS is a second appeal. On behalf of the appellant, it has been urged that the findings in the impugned judgment are perverse; it had overlooked the provisions of Article 59 of the 1 st Schedule of the Limitation Act, 1963 which is contained in Part IV and provides a period of three years to set aside a decree; in this case the decree dated 31.7.1962 had been assailed in a suit which had been filed in the year 1989 i.e. after a gap of more than 27 years; this was an arbitrary finding; this has raised a substantial question of law.

(3.) LEARNED counsel for the respondent has pointed out that the judgment of 27.8.2003 has since attained a finality and it was a positive finding returned by learned Additional District Judge that the suit is not barred by limitation and the said finding not having been challenged it cannot now be challenged by way of this second appeal. It is barred by limitation.