KUNJILAL Vs. RAMAKANT

JUDGEMENT

(1.) The present second appeal is filed by the appellant/ defendant under Sec. 100 of C.P.C. against the order dtd. 17/3/2016 passed by the Fourth Additional District Judge, Sagar, District Sagar in M.J.C. No. 01/2015 whereby the First Appellate Court found the appeal filed by the appellant as time barred and dismissed the same as such.

(2.) The brief facts of the case are that respondent No.1/ plaintiff filed a civil suit for specific performance of agreement dtd. 29/5/2006 executed between the plaintiff and defendant / appellant herein before the Civil Court, Sagar, which was registered as Civil Suit No. 20A/09. In the aforesaid civil suit, it was alleged that plaintiff / respondent No.1 executed an agreement on 29/5/2006 with appellant in respect of land bearing Khasra No. 64 area .40 hectare of land of Patwari Halka No. 27, Revenue Circle Naryoli, Tahsil and District Sagar (M.P.).

(3.) The appellant/ defendant filed his written statement before the Civil Court, in which he denied all the averments made in the plaint and additionally submitted that plaintiff is doing loan business and the appellant had taken some loan from plaintiff due to which he made an agreement with him and later he had already paid entire lone amount to the plaintiff.