DISTRICT COLLECTOR Vs. HIMMATSINGH

JUDGEMENT

(1.) Heard finally with consent.

(2.) THIS second appeal under Section 100 of the CPC is at the instance of the defendant in the suit challenging the judgment of the First Appellate Court dated 8.1.2010, whereby the appeal preferred by the appellant has been dismissed as barred by limitation.

(3.) THE suit was opposed by the appellant denying that the suit property is the ancestral property of the respondent, and raising the plea that the suit property is the property of Shree Ram Mandir, Bawdikheda and from the income of the suit property the maintenance of the temple was done. Since these relevant facts were suppressed before the Sub Divisional Officer, therefore, the Collector had set aside the order of the S.D.O.