- (1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 22.01.2013 passed by Additional District Judge No.1, Udaipur, whereby, the application filed by the appellant under Section 5 of the Limitation Act, 1963 ('the Act') alongwith the first appeal was dismissed resulting in consequential dismissal of the appeal filed against judgment and decree dated 18.03.2011 passed by Civil Judge (Junior Division) Udaipur City (North), Udaipur.
(2.) THE facts in brief may be noticed thus: the plaintiff - respondent filed a suit for mandatory and permanent injunction against the defendant -appellant seeking mandatory injunction for issuance of lease deed (Patta) in his favour. After summons were issued in the suit, the defendant did not file any written statement within the stipulated time and the opportunity to file the same was closed by the trial court. As no written statement was filed, issues were not framed; the plaintiff produced two witnesses and exhibited twelve documents; the defendant did not produce any evidence.
(3.) AFTER hearing the arguments, the trial court decreed the suit filed by the plaintiff and directed the defendant -appellant to issue lease deed (Patta) of the plot of land, regarding which, allotment letter was issued by the defendant within a period of two months and get the same registered.;