Dhrub Narayan Upadhyay, J. - (1.) THIS second appeal has been preferred by the appellant (Defendant No. 5) against the judgment dated 31st January, 2004 and decree dated 13th February, 2004, passed and signed by Sri Sada Sheo Rao, Additional Judicial Commissioner, Fast Track Court No. VII, Ranchi in connection with Title Appeal No. 08 of 2002, whereby learned Lower Appellate Court has been pleased to uphold the judgment dated 27th September, 1991 and decree dated 11th October, 1991, passed and signed by Sri Gorakh Nath Singh, Sub Judge -IV, Ranchi in connection with Title Suit No. 1 of 1989/35 of 1990, and dismiss the appeal.
(2.) THE appellant was Defendant No. 5, whereas Respondent No. 1 was the plaintiff, Respondent Nos. 2, 3, 4 & 5 were defendants before the Trial Court. For the sake of convenience, the parties shall be addressed as plaintiff and defendants.
(3.) THIS appeal has been admitted on 5th May, 2005 to decide the following substantial question of law: - - "Whether the learned lower Appellate Court has committed an error of law in erroneously dealing with the point No. 1 and not discussing and giving the finding as to whether the suit was barred by the law of limitation -;