MAHENDRA DHARDUBEY Vs. PRASHU RAM PANDEY

JUDGEMENT

(1.) RAN Vijai Singh, J. This Second Appeal has been filed against the judgment and decree dated 29. 3. 2008 passed by Additional District Judge, Court No. 2, Deoria in appeal no. 8 of 1976 Parashuram Pandey and others vs Mahendra Dhar Dubey and others and also against the judgment and decree dated 28. 5. 2008 passed by the same court in review petition No. 6 of 2008 Parashuram Pandey and others vs Rajendra and others by which the original suit no. 433 of 1972 has been abated under Section 5 (2) of the U. P. Consolidation of Holdings Act.

(2.) THE Stamp Reporter has raised two objections namely:- (1) If the limitation for filing Second Appeal is counted from the date of the order of review then the appeal is well within time and if the limitation is counted from the date of original decree passed by the Appellate Court then the appeal is barred by time. (2) THE Second Appeal is not maintainable against the order passed in Review Application.

(3.) I have heard Sri Sankatha Rai, learned counsel for the appellants, Sri V. D. Ojha and Sri S. A. Lari, learned counsel for the respondents.