Sanjay K. Agrawal, J.

1. The substantial questions of law formulated and to be answered in this second appeal are as under:--

"(i) Whether both the Courts below were justified in excluding the notice period under Section 80 of "the Code of Civil Procedure, 1908 while computing the period of limitation for institution of suit under Section 57(3) of the Chhattisgarh Land Revenue Code, 1959?

(ii) Whether in the light of the provision of Clause (F) of Section 257 of the Chhattisgarh Land Revenue Code, 1959, two Courts below were justified in proceeding with the suit put forth by the plaintiff and granting relief?"

[For sake of convenience, the parties would be referred hereinafter as per their status shown in the plaint before the trial Court.]

In order to answer the, afore-stated substantial questions of law, required facts in nutshell, are as under:--

"2.1 Plaintiff- Dinesh Kumar Khare commenced an action seeking declaration of title stating inter alia that the Naib Tahsildar, Durg initiated encroachment proceeding against him, in which, question of title was raised and ultimately, by order dated 25/04/1982 the matter was referred to the Sub-Divisional-Officer, Durg for decision un