STATE OF JHARKHAND Vs. OMPRAKASH MITTAL

JUDGEMENT

(1.) Heard, learned counsel for the parties. The State of Jharkhand & Ors. are the appellants and are aggrieved by the order dtd. 12/5/2016 passed by learned District & Addl. Sessions Judge-I, Chatra, in Revocation Case No.05 of 2014 whereby and whereunder, the petition filed under Order XLI Rule 19 read with Sec. 151 CPC for restoration of Money Appeal No.02 of 2006 has been dismissed for being barred by limitation.

(2.) The Respondent Nos.1 to 10 are the substituted legal heirs and representatives of the original plaintiff [Agarwal Yugal Kishore Prasad] who filed the Money Suit claiming Rs.1,96,267.63impleading the State and the principal Contractor, Mansukhlal Jain (defendant No.9) for the work completed in removing the debris accumulated on account of demolition of structure under encroachment removal drives during the drive from 3/8/1975 to 3/10/1975.

(3.) The said Money Suit was decreed against the State vide Judgment dtd. 31/8/2006 passed in Money Suit No.02 of 1994.