JUDGMENT :

1. This appeal has been preferred by the plaintiffs under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”) questioning the legality and propriety of the order dated 08.01.2019 passed by the learned District Judge, Kondagaon in an unregistered appeal, whereby the appeal preferred by them against the judgment and decree dated 07.09.2018 passed by the Civil Judge Class-II, Keshkal, District Kondagaon in Civil Suit No.7-A/2017, has been dismissed, holding it to be barred by time. The parties shall be referred hereinafter as per their descriptions before the trial Court.

2. The appeal has been admitted on the following substantial question of law:-

“Whether the finding of the lower appellate Court dismissing the appeal on the point of limitation, is perverse?”

3. Briefly stated the facts of the case are that the plaintiff instituted a suit claiming declaration of title and permanent injunction by submitting inter alia that the property in question bearing Khasra No.64/4, 64/11 and 78/20 ad-measuring 3.00, 6,00 and 1.30 acre respectively