KANTI BALLABH SATYAWALI Vs. REWADHAR SATYAWALI AND ORS.

JUDGEMENT

(1.) BY means of present Appeal from Order (A.O.), the defendant/appellant has challenged the judgment dated 18.12.2012 and the decree dated 1.1.2013 passed by the Additional District Judge, Nainital in Civil Appeal No. 9 of 2007, Rewadhar Satyawali and others v. Laxman Singh and another, whereby the said civil appeal was allowed and the matter was remanded back to the Trial Court for fresh decision on merits. The facts giving rise to the present A.O. are that on 31.5.2006, the plaintiffs/respondents No. 1 to 3 filed a civil suit No. 9/2006 against the appellant/defendant No. 2 before the Civil Judge (J.D.), Ramnagar, Nainital for cancellation of the gift deed dated 15.2.2003 executed by defendant No. 1 (respondent No. 4 herein) in the capacity of the Manager, Prem Vidhyalaya Tarikhet, Ranikhet, District Almora in favour of appellant/defendant No. 2.

(2.) SINCE the said suit of the plaintiff/respondent No. 1 to 3 was barred by limitation, as such, the Civil Judge (J.D.), Ramnagar, Nainital framed an issue No. 3, namely, as to whether the suit of the plaintiff was barred by limitation or not.

(3.) FEELING aggrieved by the order dated 20.2.2007, the plaintiffs (respondent Nos. 1 to 3) preferred a Civil Appeal No. 9/2007 before the Additional District Judge, Nainital. Vide judgment and order dated 18.12.2012, the Additional District Judge, Nainital allowed the appeal, set aside the judgment of the Trial Court and remanded the matter to the Trial Court for fresh decision on merits by giving a finding that the suit of the plaintiffs was within time.