KHILAN SINGH Vs. RAGHUVIR SINGH

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure assails the appellate order dated 21.05.2010 passed by Additional District Judge, Sironj, District Vidisha in Civil Appeal No28 - A/2005, whereby the judgment and decree passed by the trial Court on 27.04.2005 has been set aside and the suit in question has been dismissed on the ground of being barred by limitation.

(2.) LEARNED counsel for appellant/plaintiff is heard on the question of admission.

(3.) PLAINT in paragraph 9 categorically states that the plaintiff was supposed to file the plaint on 30.04.2000, but the same was filed on 12.05.2000, for which explanation was given in the same paragraph that the plaintiff was unwell on account of typhoid from 25.04.2000 to 11.05.2000.