SUSHIL KUMAR GOYAL Vs. RAM SINGH GAUTAM

JUDGEMENT

(1.) CM No. 12631/2011 (condonation of delay)

(2.) BY way of this regular second appeal under Section 100 of Code of Civil Procedure, challenge has been made to the impugned judgment dated 18.01.2011 passed by the ld. lower appellate court in RCA No. 18/2010 whereby the impugned judgment dated 07.05.2005 passed by the ld. Civil Judge in Suit No. 43/2004 has been upheld. The relevant facts for disposal of present appeal are as under: -

(3.) ON the basis of evidence on record, the ld. ADJ also observed that in cross -examination the appellant/plaintiff himself had stated that he came to know of the breaking open of locks on 10.11.1997 as such the limitation would start from the said date. Accordingly, the suit was barred by limitation.