AUTO AND HARDWARE STORES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the appellants was heard under Order 41, Rule 11 of the Code of Civil Procedure on 11 -3-1998. In the judgment of partial reversal of the decree of the learned trial Court, the first appellate Court while holding that the appeal was hopelessly time barred, went on to examine the correctness or otherwise of the deeree of the learned Munsif and recorded a judgment, followed by a decree. Following substantial question of law was framed Whether the decree of the Addl District Judge is legal on the face of the finding that the appeal preferred by the respondents was hopelessly time barred".

(2.) While formulating the aforesaid substantial question of law this Court also ordered, by the same order, for issuance of notices to the respondents to show-cause as to why this appeal be not admitted or disposed of at the admission stage itself. This is how this appeal has come up for final disposal.,

(3.) Since the substantial question of law has been formulated under Section 100 of the Civil Procedure Code, this appeal is also admitted.