SHEOSAHAI Vs. MOHRU

JUDGEMENT

(1.) THIS is an appeal against an appellate decree of the Additional Commissioner, Jaipur, dated 29/1/1954 reversing the decree of the trial court in a suit for recovery of possession over the land in dispute filed by the respondent against the appellants.

(2.) A preliminary objection has been raised as to the maintainability of this appeal on the question of limitation and as the same is bound to succeed, it is unnecessary to go into the merits of the case. The learned Additional Commissioner reversed the decree of the trial court and decreed the suit on 29/1/1954. The appellants applied for a copy of the judgment of the lower appellate court on 9/3/1954, and the same was received by their counsel on 30/4/1954. A copy of the decree was applied for on 17.8.1954 and was obtained by the appellant Changi himself on 18/8/1954. The appeal was presented in the Board by Sheo Narain on 18.8.1954 with a copy of judgment of the lower appellate court along with an application for being given the benefit of sec. 5 of the Indian Limitation Act.