PHEFA BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present first appeal was posted for disposal of the application moved under Section 5 of the Indian Limitation Act on 3.7.99 on which date Shri Sanjeev Johari and Shri Ravi Bhansali accepted notice on behalf of respondent No. 2. Since notice was accepted by the learned counsel Mr. Sanjeev Johari and Mr. Ravi Bhansali on behalf of respondent No. 2, therefore, the case was posted today for disposal of the application moved under Section 5 of the Indian Limitation Act.

(2.) The present first appeal has been filed under Sec. 96 CPC against the judgment and decree dated 1.10.97 passed by the learned Additional District Judge." No. 1. Udaipur whereby he dismissed the suit No 4 of 1997 of the appellants on the ground that Civil Court has no jurisdiction to entertain a suit pertaining to Land Acquisition Act which is self-contained Act. In support of his judgment, the learned Additional District Judge No. 1, Udaipur has placed reliance on a decision rendered by the Apex Court in case of Laxmi Chand and others v. Gram Panchayat, Kararia and others.

(3.) Dis-satisfied with the impugned judgment and decree dated 1.10.97, the present first appeal has been filed, which is reported to be barred by lapse of time by 476 days.