BARKAT RAM Vs. RANVIR SINGH MATHUR

JUDGEMENT

(1.) THIS appeal has been directed against the impugned judgment dated 19.12.2000 which had dismissed the appeal of the appellant/plaintiff on the ground of limitation; it was held that the appeal is barred by time by a period of 3 days. This judgment is the subject matter of a second appeal before this Court.

(2.) PERUSAL of the record shows that the appeal is yet to be admitted; substantial question of law has not yet been formulated; the matter has however been shown on the regular board. The counsel for the appellant has pointed out that a substantial question of law has arisen as the impugned judgment has recorded incorrect findings which are perverse and against the evidence on record; the evidence clearly establishes that the appeal was filed before the first appellate court in time; the first appellate court has non -suited the appellant/plaintiff only on the ground of limitation; a serious and grave prejudice has been suffered by the appellant as he has lost his right of first appeal on a perverse finding.

(3.) ARGUMENTS have been addressed at length by both parties.