RAJU RAJENDRA Vs. AMBA LAL

JUDGEMENT

(1.) The present appeal has been preferred by the appellants against the judgment and decree dtd. 13/3/2014 passed by the District Judge, Pali in Civil Original Suit No.104/2012 whereby the suit under Sec. 6 of the Specific Relief Act, 1963 (for short 'the Act of 1963') as preferred by the plaintiff had been decreed.

(2.) Along with the appeal, an application under Sec. 5 of the Limitation Act has also been preferred as the appeal is reported to have been filed with a delay of 3228 days.

(3.) Arguing on the application under Sec. 5 of the Limitation Act, learned counsel for the appellants submitted that against the impugned judgment and decree dtd. 13/3/2014, at the first instance, a regular appeal was preferred on 6/5/2014 which was disposed on 8/2/2016 with the observation that the defendants ought to have preferred an application under Order IX Rule 13 of Code of Civil Procedure (CPC).