N.K.AGARWAL
Maniram Tamrakar – Appellant
Versus
Kunj Bihari Gahawai – Respondent
1. Legality and propriety of order dated 11.03.2010 passed by VIIIth Civil Judge, Class-II, Bilaspur, in Civil Suit No. 15-A/2010, allowing the respondent's application filed under Section 14 of the Limitation Act, 1963 (for short, 'the Act, 1963').
2. Facts in nutshell necessary for disposal of this revision are that: the plaintiffs had filed a suit for recovery of possession and damages against the defendant being Civil Suit No. 317-A/1983. In the said suit, the cause of action was shown to have arisen in the year 1983. The suit was dismissed by the trial court on 26.09.1989.
3. Appeal preferred there-against by the plaintiffs was allowed by the Additional District Judge, Bilaspur vide its judgment and decree dated 28.07.1995.
4. The defendant/applicant herein preferred miscellaneous appeal before this court against the appellate judgment. This court, vide order dated 14.11.2008 (Annexure P/5) allowed the applicant's appeal inter alia on the ground: since the suit was filed under Section 6 of the Specific Relief Act, therefore, remedy of appeal was not available to the plaintiffs and the appeal preferred by the plaintiffs was not maintainable and set aside the appellate judg
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