BASUDEO YADAV Vs. ISHWAR YADAV

JUDGEMENT

(1.) This second appeal is against the judgment and decree dated 22nd January, 2008 passed by learned District Judge, Koderma in Title Appeal no. 37 of 2007, whereby the appellants' appeal has been dismissed on the ground of limitation.

(2.) The short ground taken by learned counsel for the appellants is that learned lower appellate court has committed grave error in not considering the provisions of section 14 of the Limitation Act and rejecting the appellants' petition as time barred due to delay of 202 days.

(3.) The defendants are the appellants. The short fact of the case is that the plaintiffs had filed Partition Suit claiming their share in the suit land. The suit was dismissed by learned Subordinate Judge -I, Koderma. Against the said judgment of the Subordinate Judge-I, the plaintiffs had preferred Title Appeal no. 58 of 1991 before learned District Judge, Koderma. The said title appeal after hearing the parties was allowed and the decree passed by learned court below was set aside. The plaintiffs' suit was decreed on contest with cost.