VIJAY KUMAR Vs. NAGAR PALIKA PARISHAD KICHHA

JUDGEMENT

(1.) HEARD Sri Rajendra Dobhal, counsel for the appellant and Sri S. S. Chauhan, counsel for the respondent.

(2.) BY the present Second Appeal filed under Section 100 of the Code of Civil Procedure, appellant has prayed for setting aside the judgment and decree dated 16. 12. 2002 passed by the District Judge, Nainital in Civil Appeal No. 65 of 2001 Nagar Palika Parishad Vs. Vijay Kumar arising out of the judgment and decree dated 18. 10. 2001 passed by the Civil Judge (Sr. Divison)/7th Fast Track Court, Nainital in Civil Suit No. 143 of 1996 Nagar Palika Parishad Vs. Vijay Kumar.

(3.) Present second appeal has been admitted on the following substantial question of law: "a) Whether the contract agreement executed without complying with the provisions of section 35 of Indian Stamp Act between the plaintiff and defendant can be termed as valid agreement? c) Whether the suit of recovery of auction money for the auction year 1988-89 has been filed in the year, 1996, which is barred by limitation under provisions of Indian Limitation Act and the suit of plaintiff/respondent ought to have not been dismissed on this ground alone?"