GIRJA SINGH Vs. MAYA CHOUBEY AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred against Judgement dated 15.01.2014 and Decree signed on 24.01.2014 and corrected on 26.07.2014, passed in Title Appeal No. 12/2005, passed by Judicial Commissioner, Ranchi - XIII, whereby and whereunder Judgement dated 30.11.2009, passed by Additional Munsif-III, Ranchi in Eviction Title Suit No. 96/1985, has been affirmed dismissing the appeal on merits in absence of appellants or their counsels. The appellants have assailed impugned Judgment challenging the correctness of the order passed by the lower court as well as the first appellate court.

(2.) The order passed by the learned Trial Court was on remand from the Court of 10th A.J.C. - cum - 3rd Special Judge, CBI (AHD Scam Cases) by virtue of Judgment dated 24.07.2007, passed in Title Appeal No. 12/2005. The appellate court remanded this case U/O XLI Rule 25 C.P.C. for giving findings on the point of title of the parties. The issues were also formulated by the Appellate Court for determination of the case:

(3.) This Court at the time of 'Admission, found that appeal itself is hopelessly barred by limitation of 1119 days. Before entering into merits of the case, it is proper to decide limitation petition first and as such I.A. No. 2124 of 2018 is taken on board.