- (1.) -HEARD Shri S. K. Jain, Counsel for the appellant and Shri R. C. Arya, Standing Counsel for the respondents.
(2.) BY the present second appeal filed under section 100 of the Code of Civil Procedure, the appellant has prayed for, setting aside the order dated 5. 3. 2008 passed by the Additional District Judge, Dehradun by which the application 4-B under section 5 of the Limitation Act in Misc. Case No. 397 of 2006 has been rejected.
(3.) SECOND appeal was admitted on the following substantial questions of law :- 1. Whether the Court below has committed patent illegality while dismissing the appeal as well as the application 4-B under section 5 of the Limitation Act without considering the settled principle of law of condonation of delay under section 5 of the Limitation Act laid down by the Hon'ble Apex Court in different cases as laid down in the grounds of appeal? 2. Whether the valuable rights of the parties are involved in the present case and the appeal is liable to be decided on merits after giving full opportunity to the parties to be heard?;