NARAYAN LAL Vs. SOHAN LAL

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has laid a challenge to the order dated 16.08.2016, passed by the Additional District Judge No.1, Bhilwara (hereinafter referred as 'the Appellate Court'), in Appeal No.02/2013, whereby appeal filed by the petitioner-appellant has been rejected by the Court on the ground of limitation.

(2.) Facts leading to the passing of impugned order dated 16.08.2016 are that the plaintiff filed a suit for permanent injunction along with an application seeking Temporary Injunction, which was allowed by the learned Civil Judge (Junior Division), Gangapur (hereinafter referred to as 'the Trial Court') vide its' order dated 03.03.201

(3.) Petitioners-defendants preferred an appeal after passing of the period of limitation, along with an application under Section 5 of the Limitation Act seeking condonation of the delay in filing the appeal.