- (1.) This second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellant -plaintiff in a suit for injunction and removal of encroachment against the judgment and decree dated 01.09.2010 passed by the learned Additional District Judge, Bali District Pali in Civil Appeal No.18/2007 "Maga Ram Vs. Smt. Dhapu & Anr. " by which, the appeal of the plaintiff was dismissed being barred by limitation. The learned Trial Court of Civil Judge (Junior Division), Desuri, District Pali had also dismissed the suit of the plaintiff vide judgment and decree dated 27.02.2007 passed in Civil Original Suit No. 31/1998 "Maga Ram Vs. Smt. Dhapu and Ors.".
(2.) The present second appeal has been filed by the appellant - plaintiff -Maga Ram against the concurrent rejection of his claim, as aforesaid.
(3.) Today, after hearing both the learned counsels for the parties, this Court is of the opinion that the following substantial question of law does arise for consideration by this Court in the present second appeal: - "Whether the learned First Appellate Court was justified in dismissing the appeal of the plaintiff only on the ground of limitation which was filed against rejection of the suit - 3. After framing of the relevant issues arising out of the plaint and written statement and after recording of the evidence, the learned Trial Court had dismissed the suit of the plaintiff -Maga Ram on 27.02.2007. The relevant portion of the findings of the learned Trial Court is quoted below for ready reference: - JUDGEMENT_3_LAWS(RAJ)12_2015.jpg JUDGEMENT_3_LAWS(RAJ)12_20151.jpg JUDGEMENT_3_LAWS(RAJ)12_20152.jpg JUDGEMENT_3_LAWS(RAJ)12_20153.jpg JUDGEMENT_3_LAWS(RAJ)12_20154.jpg ;