- (1.) Heard learned counsel for the appellant on question of admission of appeal and perused the records.
(2.) Original Suit No. 106/2010, Rakesh Kumar Baudha v. M/s Ansal Housing Corporation Agra and Anr. was instituted by plaintiff claiming himself to be the owner in possession of disputed property, for the relief of permanent injunction restraining the defendants from interfering in his possession. Original suit proceeded ex-parte against defendants. After affording opportunity of hearing and accepting evidences adduced by plaintiff, the Court of Additional Civil Judge (Junior Division), Court No. 5, Agra had dismissed the original suit by its judgment dated 6.7.2013.
(3.) Plaintiff had filed memo of first appeal in the lower appellate court after lapse of period of limitation. Said memo of appeal was filed alongwith application under Section 5 Limitation Act and was registered as Misc. Case No. 353/2013, Rakesh Kumar Baudha v. M/s Ansal Housing Corporation Agra and Anr.;