DURGA RAM Vs. HUKMA RAM

JUDGEMENT

(1.) The present appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant-plaintiff questioning the legality of order dated 11.02.2015 passed by learned Additional District and Sessions Judge No. 2, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as "Appellate Court"), whereby the appeal (No. 16 of 2014) filed by the appellant has been dismissed having been filed belatedly.

(2.) The facts within the precincts of the proposed questions of law, claimed to have arisen in the present appeal, lie in a narrow compass, which are as under:-

(3.) Plaintiff (the appellant herein) filed a suit for permanent and mandatory injunction against the defendants - respondents, inter alia, praying that the defendants No. 1 be restrained from encroaching the land, ad-measuring 4x25 feet, being a public land and at the same time, the plaintiff be permitted to use and enjoy the piece of land, ad-measuring 25x45 feet.