JUDGMENT (CAV)

This is plaintiff’s second appeal filed under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 5-9-2014 passed by the First Additional District Judge, Bilaspur (CG) in Civil Appeal No. 24-A/2010, affirming the judgment and decree dated 15-2-2001 passed in Civil Suit No.33-A/1999 whereby the appeal filed by the plaintiff was dismissed.

2. This appeal has been admitted by this court on 13-1-2015 on the following substantial questions of law:

(i) Whether the Tehreenama dated 7-2-1955 Ex.D/4 can be negated by taking recourse to Section 58 of Indian Succession Act on account of non- examination of attesting witness No.1?

(ii) Whether the omission to decide the applications filed under Order 6 Rule 17 of CPC and Order 41 Rule 27 of CPC has vitiated the entire judgment and decree?

(iii) Whether the lower appellate Court erred in holding that the plaintiff’s suit is barred by time, by reversing the findings of the trial court in this regard?

3. For sake of convenience, the parties have been referred to as shown in the original suit filed in the trial court.

4. The brief facts as reflected from the record are that the plaintiff has f