VISHWANATH Vs. DHANRAJ

JUDGEMENT

(1.) This is a defendant's appeal under Section 100, C. P. C. against the judgment and decree dated August 13, 1970 of the Senior Civil Judge, Bhilwara. The Munsif, Gangapur by his judgment dated Sep. 12, 1969 decreed the plaintiff's suit for Rs. 1520/- consisting of Rs. 1290/- as principal and Rs. 230/- as interest with costs against the defendant-appellant. The defendant- appellant preferred an appeal on October 22, 1969. The learned Senior Civil Judge, by the impugned order dated August 13, 1970, dismissed the appeal holding it to be barred by time. Hence, defendant-appellant has preferred this second appeal.

(2.) I have heard Mr. N.P. Gupta, learned counsel for the appellant and Mr. M. R. Bhansali for the respondent.

(3.) The only question that arises for determination is whether the learned Senior Civil Judge was right in dismissing the appeal as barred by time.