SOHANI Vs. MOHAN LAL

JUDGEMENT

(1.) HEARD on application under Section 5 of the Limitation Act. This appeal is directed against the judgment and preliminary decree dated 26.7.2002 passed by the Additional District Judge No.2, Chittorgarh and the judgment and final decree dated 8.8.2005 passed by the Additional District Judge No.2, Chittorgarh.

(2.) THE office calculating the limitation from the final decree has reported that the appeal is barred by 2397 days when in -fact the appeal against the preliminary decree is barred by over 11 years. In the application under Section 5 of the Limitation Act, the allegations have been made against the counsel, who appeared / was engaged on behalf of the appellant, it is inter - alia stated in the application as under: -

(3.) FURTHER the composite challenge to the preliminary and final decree in the same appeal is also not maintainable in view of the provisions of Section 97 CPC.