Order

12/07/2024 The present Civil First Appeal under Section 96 CPC against the judgment dated 15.12.2021 passed by the learned Addl. District Judge, Deedwana, District Nagaur in Civil Original Suit No.12/2021 has been filed by the appellants.

Learned counsel for the appellants submits that the Court below while relying upon the report given by the Office Clerk on 13.12.2021, in which it is mentioned that the suit is barred by limitation, has dismissed the suit. Counsel further submits that the learned Court below neither considered the merits of the case nor heard the parties and passed the order dated 15.12.2021, which is against the settled principle of law. Therefore, the order impugned dated 15.12.2021 passed by the Court below may kindly be quashed and set aside and the Court below may also be directed to decide the matter on merits after hearing both the parties and considering the material available on record.

Per contra learned counsel for the respondents vehemently opposed the prayer made by the counsel for the appellants and submits that the order impugned has been rightly passed by the Court below, which requires no interference. Counsel for the respondents further submit