- (1.) Heard Sri Ajay Yadav learned Counsel for the appellant. This is a second appeal against the judgment and decree dated 31.3.1979 passed in Civil Appeal No. 115 of 1978 by the Civil judge, Allahabad whereby the appeal has been dismissed and the judgment and decree dated 9.2.1978 passed in Original Suit No. 551 of 1975 by the Additional Munsif, Allahabad has been confirmed.
(2.) At the time when this appeal was admitted on 27.9.1979 the following substantial question of law has been framed: (1) Whether the order of the learned Munsif dated 15.2.1965 holding that the Civil Court has no jurisdiction and returning the plaint for presentation to the revenue Court would operate as res judicata as the defendants-respondents did not challenge the validity of that order in the higher Courts and allowed the order to become final? (2) Whether the defendants-respondents having acquiesced to the order dated 15.2.1965, are estopped from presenting the same plaint to the Civil Court which was earlier returned by it for presentation to the revenue Court?
(3.) Sri Ajay Yadav has submitted that the limitation for filing the instant suit commenced on the date on which the plaintiff derived knowledge of the decree in Suit No. 189 of 1969. He states that both the Courts below have illegally held that the suit was beyond the period of limitation of three years provided under Article 59 of the Indian Limitation Act and have therefore illegally dismissed the suit of the plaintiff-appellant.;