GOPAL Vs. RAMESHCHANDRA

JUDGEMENT

(1.) The present second appeal under Sec. 100 CPC has been filed against the judgment dtd. 20/1/2021 passed by learned Additional District Judge, Pindwara, Distt. Sirohi who while dismissing the application filed under Sec. 5 of Limitation Act and consequently, the appeal filed by the appellant, upheld the judgment and decree dtd. 23/1/2012 passed by Civil Judge (Jr. Division), Pindwara, Distt. Sirohi in Civil Original Suit No. 35/2007.

(2.) Brief facts of the case are that the plaintiff respondent filed a suit against the appellant defendant seeking possession and permanent injunction with regard to property situated in village Nitoda at Mandwara Deo, Tehsil Pindwara, district Sirohi.

(3.) On the basis of pleadings of the parties, as many as seven issues were framed by the learned trial court. The plaintiff respondent examined oral as well as documentary evidence, however, the appellant/defendants' evidence could not be examined and subsequently, the learned trial court closed the evidence of the defendants and decreed the suit in favour of respondent-plaintiff.