SOHAN LAL Vs. SH POLA SINGH
HIGH COURT OF HIMACHAL PRADESH
Sh Pola Singh
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Sureshwar Thakur,J. -
(1.) The plaintiffs' suit bearing Civil Suit No. 96/1 of 1992, claiming therein, the making, of, a declaratory relief, for annulment of order of mutation No.128 of 30.01.1995 Vikramt Samvat, and, also claiming, the, further relief of permanent prohibitory injunction against the defendant, became decreed by the learned trial Court. In an appeal carried thereagainst, by the aggrieved defendants, before the First Appellate Court, the latter Court affirmed the judgement and decree, as, pronounced by the learned Civil Court, upon, the afore civil suit No. 96/1 of 1992. The defendants become aggrieved therefrom, and, for seeking annulment thereof, they cast the extant regular second appeal before this Court.
(2.) When the appeal came up for admission, this Court, on 4.8.2004, hence, admitted the appeal instituted by the defendants/appellants against the judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial questions of law:-
1. Whether the defendants-appellants can raise the point of limitation after having given up such a plea before the trial Court and not having raised before the first Appellate Court?
2. If question No.1 is decided in the affirmative, whether the suit of the plaintiffs-respondents was barred by time?
(3.) Whether the findings recorded by both the learned Courts are contrary to the pleadings set up by the plaintiffs and a new could not have been created in favour of the plaintiffs by the court below?;
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