Rajesh Tandon, J. - (1.)HEARD Shri Manoj Tiwari, counsel for the appellant and Shri Alok Singh assisted by Smt. Mamta Joshi, counsel for the respondent.
(2.)BY the present second appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 17th September, 1997 passed by the District Judge, Hardwar, by which the application 5 ga (2) under Section 5 of the Limitation Act has been rejected and consequently the appeal has also been dismissed.
Aforesaid appeal was admitted on following substantial questions of law:

1. Whether the first appellate court erred in law in rejecting the appellant's application under Section 5 of the Limitation Act, 1963, in entertaining the appeal against the judgment and decree dated 05.02.1997, passed by the trial court in O.S. No. 325 of 1992?

2. Whether the provisions contained in Section 108 of the Evidence Act can be used only as defence and not in support of cause of action claimed by the plaintiff?

(3.)BRIEFLY stated, a suit was filed by the plaintiff for declaration against the defendant and the trial court vide his order dated 5.2.1997 granted the decree for declaration that after the death of Balkishan Giri, the applicant is entitled to get his life insurance policy No. 26255655 and 26203754.
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