JAINENDRA KUMAR RANKA,J. - (1.) There is delay in filing of this second appeal, as pointed out by the Registry, in support whereof application u/s 5 of the Limitation Act has been filed by the appellant, wherein the delay has been explained, and this court is satisfied with the explanation offered. Therefore, the delay is condoned.
(2.) Heard finally.
(3.) Challenge in this second appeal is made to judgment and decree dated 26.5.2013 passed by learned Additional District Judge No.1, Bharatpur, whereby the first appellate court confirmed the judgment and decree dt 30.5.2009 passed by learned Civil Judge (Junior Division), Nadbai, District Bharatpur, whereby the suit of plaintiff appellant was dismissed.;