ABDUL KADIR Vs. STATE OF M P

JUDGEMENT

(1.) This second appeal has been filed at the instance of the plaintiff whose suit has been dismissed by learned trial Court and the first appeal has also been dismissed by learned first Appellate Court being barred by time by the impugned judgment.

(2.) No exhaustive statement of facts are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a suit for declaration and injunction in respect of the property description whereof has been given in the plaint has been filed by the plaintiff. According to the plaintiff, he is the owner of the suit property and the defendants and its functionaries are interfering in his possession.

(3.) Learned trial Court dismissed the suit on 20-12-2008 against which an appeal was filed by the appellant before learned first Appellate Court. The appeal was barred by time for 45 days before learned first Appellate Court. An application under section 5 of the Indian Limitation Act was filed praying to condone the delay, but, that application has been dismissed. Eventually, the appeal has also been dismissed as barred by time by learned first Appellate Court.