Smt.Chandna Verma And Ors vs Kamla Devi Verma And Ors
2021 Latest Caselaw 3420 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                                Order Sheet
                                            SA No. 209 of 2013

                     Smt. Chandna Verma And Ors. Versus Kamla Devi Verma And Ors.




30.11.2021        Shri Ravindra Agrawal, counsel for the appellants.

                  Shri S.K. Agrawal, Panel Lawyer for the State.

                  This appeal has been filed by the appellants being plaintiff being aggrieved

              with the judgment and decree passed on 17-07-2012 by the learned District

              Judge, Bilaspur by which the learned first appellate Court has held that the suit

              filed by the plaintiff is barred by limitation reversing the findings of the trial Court.

                  The appeal is admitted on following substantial question of law:-

                 1. Whether the first appellate Court was justified in dismissing the suit in

                  absence of any specific plea raised before the trial Court though the

                  limitation is issue of fact and law without giving any opportunity to the

                  appellants?

                  2. Whether the first appellate Court was justified in dismissing the suit by

                  reversing the judgment and decree passed by the trial Court on perverse

                  finding to the record?

                  Issue notice to respondents No. 1 and 2 along with copy of this order.

List the matter for further hearing after eight weeks.

Sd/-

(Narendra Kumar Vyas) JUDGE

Deshmukh