MAHESH Vs. NARAIN AND OTHERS

JUDGEMENT

(1.) Heard Sri Ajay Yadav learned Counsel for the appellant. This is a second appeal against the judgment and decree dated 31.3.1979 passed in Civil Appeal No. 115 of 1978 by the Civil judge, Allahabad whereby the appeal has been dismissed and the judgment and decree dated 9.2.1978 passed in Original Suit No. 551 of 1975 by the Additional Munsif, Allahabad has been confirmed.

(2.) At the time when this appeal was admitted on 27.9.1979 the following substantial question of law has been framed:

(3.) Sri Ajay Yadav has submitted that the limitation for filing the instant suit commenced on the date on which the plaintiff derived knowledge of the decree in Suit No. 189 of 1969. He states that both the Courts below have illegally held that the suit was beyond the period of limitation of three years provided under Article 59 of the Indian Limitation Act and have therefore illegally dismissed the suit of the plaintiff-appellant.