PREMCHAND SONI Vs. HARISH CHAND

JUDGEMENT

(1.) The unsuccessful defendant, who has lost from both the learned Courts below, by taking aid under Section 100, CPC is trying to take shelter of this Court.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a suit for eviction on the ground envisaged under Section 12 (1) of the M.P. Accommodation Control Act, 1961 (for short "the Act") has been filed by the plaintiff-respondent, which has been decreed by learned Trial Court. However, the appeal was barred by time and therefore, learned First Appellate Court dismissed the same as not maintainable, since no application under Section 5 of the Indian Limitation Act, 1963 (for brevity "the Limitation Act") was filed along with memorandum of appeal, by placing reliance on the decision of this Courtin State of M.P. Vs. Pmdeep Kumar, 1999 1 MPWN 41.

(3.) In this manner, this second appeal has been filed by the defendant.