GOPAL GHOSH Vs. DILIP KUMAR CHATURVEDI & ORS

JUDGEMENT

(1.) By the impugned order passed by the Learned Trial Judge on 27th November, 2013 in Misc. Case No.5091 of 2008, the plaintiff s application under Section 5 of the Limitation Act was dismissed on contest resulting in dismissal of his application under Order 9 Rule 13 of the Code of Civil Procedure filed in connection with a proceeding under Section 144 of the Code of Civil Procedure, by the defendants/respondents.

(2.) Let us now consider as to how far the Learned Trial Judge was justified in dismissing the application under Section 5 of the Limitation Act filed by the plaintiff/appellant in the facts of the present case.

(3.) Let us now give the short background of the case leading to filing of the present appeal before this Court.