VAKIL SAHANI Vs. MOST. MOULI

JUDGEMENT

(1.) Heard Mr. Uma Shankar Singh, learned counsel appearing for the appellants.

(2.) This matter has been placed today in view of the defect pointed out by the office pertaining to the maintainability of this appeal on the ground that earlier a Second Appeal No. 320/2001 was filed before this Court but the said appeal was dismissed on 16.05.2002. It has been also pointed out that subsequently M.J.C. (Restoration) No.4997/2013 was filed but the same was also dismissed. The office has also pointed out that this appeal is barred by limitation of 14 years 10 months and 3 days.

(3.) The learned counsel for the appellants has submitted that as there is no bar in the C.P.C. against an appellant whose appeal has been dismissed for default to file another appeal and therefore the office report regarding maintainability of this appeal, as pointed out by the stamp reporter is not legally tenable. Elaborating his submissions, Mr. Singh, has contended that a litigant has right to approach the higher forum in appeal and the said right can be taken up only by express statutory provision in that regard, which is not so in the present case. It has, therefore, been prayed that the report pertaining to the maintainability of this appeal by the stamp reporter be not sustained and this appeal be held to be maintainable.