V K VERMA Vs. DAWOODI BOHRA MASJID COMMITTEE

JUDGEMENT

(1.) THIS second appeal has been filed at the instance of the defendant as the learned First Appellate Court has allowed the appeal of the plaintiff and decreed the suit by the impugned judgment and decree.

(2.) NO exhaustive statements of facts are necessary for the disposal of this appeal. Suffice it to say that the plaintiff filed an appeal before the learned First appellate Court, which was barred by time and eventually an application to condone the delay was filed. The appeal was decided by the learned First appellate Court without deciding the application under section 5 of the Indian limitation Act, 1963 (in short 'the Act' ).

(3.) THIS second appeal was admitted on 8-2-2002 on the following substantial questions of law :