Advocates:
['MANISH KUMAR JAIN', '', 'PRAMOD KUMAR JAIN', 'ROHTI AGARWAL', '', 'MANOJ MISHRA', 'ASHUTOSH AGARWAL', 'AMITABH AGARWAL', 'KARTIKEYA SARAN']

Reserved : 10.11.2022

Delivered : 30.11.2022

Court No. - 18

Case :- SECOND APPEAL No. - 741 of 2011

Appellant :- Vijay Prakash Mittal And Others

Respondent :- Smt. Dipti Mittal And Others

Counsel for Appellant :- Manish Kumar Jain,Pramod Kumar Jain

Counsel for Respondent :- Rohti Agarwal,Amitabh

Agarwal,Ashutosh Agarwal,Kartikeya Saran,Manoj Mishra

Hon'ble Ajit Kumar,J.

1.

The present second appeal arises out of a declaratory suit

instituted by the plaintiff-respondent seeking declaration in respect of

an amount of Rs.1,45,690/- deposited by Hari Lal Mittal under the

orders of the Court vide fixed deposit scheme of a nationalised bank,

along with accrued interest. The suit got decreed by the trial court and

that was unsuccessfully challenged by the present appellants before

the court of appeal as the appeal also came to be dismissed vide

judgment dated 28.5.2011 affirming the judgment of the trial court.

Original records of the case have been summoned and are before the

Court.

2.

Learned counsel for the appellants submitted that following

three substantial questions of law did arise for consideration in this

appeal:

A. Whether suit was barred by time as the

limit