JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

This Second Appeal has been filed against the judgment dated 29.09.2018 (decree signed on 05.10.2018) passed by learned District Judge – I, Dumka in Civil Appeal No.17 of 2012 whereby the appeal has been allowed and the judgment and decree dated 20.07.2012 (decree signed on 02.08.2012) passed by learned Senior Civil Judge – I, Dumka in Title Suit No.03 of 2008 has been reversed. The learned trial court was pleased to dismiss the plaintiffs' suit. The defendant no.1 is the appellant before this Court.

2. This appeal was admitted for hearing vide order dated 13.06.2023 on the following substantial questions of law:

"1. Whether the learned First Appellate Court committed gross illegality by ignoring the fact that the suit was hopelessly barred by limitation?

2. Whether the learned First Appellate Court failed to consider the fact the plaintiff no. 2, could not have been arrayed as such, when the plaintiff no. 1 was making the prayer for cancellation of adoption of defendant no. 1 and the plaintiff no. 2, has no other right except that he is one of the adopted son of plaintiff no. 1?

3. Whether the learned First Appellate Court committed gross illegality