Substantial questions of law formulated in the second appeal are,

(i) Whether lower appellate court was justified in law in reversing the well-founded decree of the trial court on the ground that the suit is barred by limitation when the same is filed within three years of Ext.A1 judgment?

(ii) Has not the lower appellate court erred in computing period of limitation from Ext.P17 order in O.P.No.14836 of 1996 instead of from Ext.A1 judgment directing the parties to approach the competent civil court?

After hearing both sides, the following substantial question of law is also framed:

(iii) whether the finding of the courts below that the suit is maintainable in the civil court is correct?

2. The second appeal arises from judgment and decree of learned II Additional District Judge, Kollam in A.S.No.124 of 2007 reversing judgment and decree of learned Prinicipal Munsiff, Kollam in O.S.No.917 of 2000 on the ground that the suit is barred by law of limitation.

3. Short facts necessary for consideration of the above substantial questions of law are:

Appellant claimed to be the widow of Chandrasekharan Nair who retired as a P.D teacher from Government High School and breathed hi