JASPREET SINGH,J. - (1.) The second appeal assails the judgment and decree passed by the Court of Additional District Judge, Raebareli in Regular Civil Appeal No.21 of 1983, wherein the appeal of the defendant appellant was dismissed affirming the judgment and decree dated 21.01.1983 passed by Munsif, Raebareli in R.s No.190 of 1982 (Avadhesh Pratap Singh v. Union of India and Ors), whereby the suit of the plaintiff-respondent was decreed.
(2.) This Court, by means of an order dated 28.11.2017 noted that though the appeal was admitted vide order dated 03.09.1985. However, substantial questions of law were not formulated. Thus, the Court went on to formulate the following substantial questions of law, which are being reproduced as under:- "1. Whether the learned trial court has acted illegally and in excess of jurisdiction vested in entertaining and decreeing the plaintiff-respondent's suit which was barred by time? 2. Whether the learned trial court has illegally and wrongfully given the benefit of exclusion of certain period namely 29.4.1977 to 14.11.1977 and 23.7.1980 to 26.8.1982 while calculating the period of limitation and maintainability of suit? 3. Whether the learned trial court has usurped the jurisdiction not vested in it by entertaining and decreeing the plaintiff-respondents suit?"
(3.) Heard learned counsel for the appellant Shri Raj Kumar Singh and since none responded for the respondent, hence, the appeal was heard ex-parte in terms of Order 41, Rule 17, Sub-rule (2) Civil Procedure Code.;