JNANADAS Vs. SUKUMARAN

JUDGEMENT

(1.) THIS Second Appeal arises from the judgment and decree of learned Sub Judge, Neyyattinkara in A.S.No.191 of 2010. That appeal arose from dismissal of the counter claim filed by the appellant/defendant in O.S.No.1064 of 1997 of the court of learned I Additional Munsiff, Neyyattinkara. The first appeal was preferred with a delay of six (6) years and 69 days. The application - I.A.No.2516 of 2010 to condone the delay was dismissed by the first appellate court and consequently, the appeal also was dismissed as time barred. Hence the Second Appeal raising the substantial questions of law stated in the memorandum of second appeal.

(2.) RESPONDENT/plaintiff filed the suit for declaration of title and possession and consequential reliefs. Appellant/defendant resisted the suit and made a counter claim for declaration of title and possession and other reliefs concerning the property scheduled in the counter claim. Trial court on a finding that the properties are not identified, dismissed the suit and counter claim by judgment dated 26.06.2004.

(3.) PRESENTLY, I am concerned with the question whether any substantial question of law is involved in the order of the first appellate court dismissing I.A.No.2516 of 2010 and the judgment dismissing A.S.No.191 of 2010 as time barred?