- (1.) This appeal under Section 96 of the Code of Civil Procedure (in short the 'C.P.C.') has been filed by the plaintiff-appellant challenging the judgment and decree dated 05-02-2012 passed by the IInd Additional Civil Judge (Senior Division), Kanpur Nagar dismissing civil suit no. 1560 of 2010 (Smt. Kumud Bhargava vs. Sudhir Bhargava) under Order VII Rule 11 of the C.P.C. as barred by limitation.
(2.) We have heard Smt. Kumud Bhargava, the plaintiff-appellant (in person) through her husband Sri S.N.Bhargava and Sri Nikhil Agarwal for the defendant-respondents.
(3.) Facts, in brief, giving rise to the dispute are as under : The plaintiff-appellant filed civil suit no. 1560 of 2010 before the Civil Judge (Senior Division), Kanpur Nagar seeking following reliefs : "A) That a decree of permanent injunction be granted in favour of the plaintiff against defendant nos. 1 to 4, thereby restraining the said defendants, their agents, servants, employees, associates, representatives, assigns, etc. from inter meddling, swindling and siphoning the assets/funds left by the deceased, Mr. Kameshwar Prasad Bhargava, as the Will set up by the defendant are forged and fabricated, non existence and non-operative. B) That it be declared that the alleged Will alleged to have been left by the deceased Mr. Kameshwar Prasad Bhargava, as non-existent and void, as well as nullity. C) That the cost of the suit be awarded in favour of the plaintiff against the defendants. D) That any other relief, which this Hon'ble court may deem fit and proper, in the circumstances of the case, be also awarded in favour of the plaintiff.";