NARAYAN SINGH Vs. HADMAT SINGH

JUDGEMENT

(1.) Heard on IA No.1550 of 2025.

(2.) The present miscellaneous petition has been filed by the petitioner under Article 227 of the Constitution of India challenging the order dtd. 9/11/2024 by which the application under Sec. 5 of Limitation Act, 1963 has been dismissed. Secondly, the regular appeal filed against the decree of trial court has also been dismissed.

(3.) The petitioner has raised preliminary objection against the order of dismissal of the application under Sec. 5 of Limitation Act and the regular appeal filed would amount to a decision on merit and therefore the remedy available to the petitioner is to file the regular second appeal and not the petition under Article 227 of the Constitution of India.