YOHANAN Vs. UMMEN

JUDGEMENT

(1.) THIS is an appeal by the 3rd defendant against an order of remand passed by the Additional District Judge of Quilon.

(2.) THE plaintiff had filed the suit for redemption and recovery of his half share in the suit properties after partition by metes and bounds.The suit was resisted by the defendants on the ground that the plaintiff has no subsisting title in the suit properties and that,in any event,the suit is barred under Art.122 of the Travancore Limitation Act.There were also other contentions on merits.The Trial Court took up issue No.4 regarding the plea of limitation as a preliminary issue and came to the conclusion that the suit was barred under Art.122 of the Limitation Act and dismissed the suit without going into the other issues.It is regrettable that in deciding this issue,the Trial Court has disposed off the matter rather summarily.

(3.) AGAINST the order of remand,the 3rd defendant has filed the appeal.