RSA No. 311 of 1999 17.11.2009 Present: Mr. Rakesh Jaswal, Advocate, for the appellant. Mr. Karan Singh Kanwar, Advocate, for respondents No. 1 to 3. Plaintiffs Smt. Subhadra, Smt. Anju and Smt. Aradhna filed a suit for declaration and joint possession against defendants Sh. Kamal Parkash, Sh. Bhupender Lal, Smt. Chameli, Smt. Rattani, Smt. Krishna and Smt. Savitri. In terms of judgment and decree dated 10.6.1998 the plaintiffs’ Civil Suit No. 97 of 1993, titled as Smt. Subhadra & others versus Sh. Kamal Parkash & others was decreed by the trial Court. The defendants filed an appeal inter alia on the ground that the suit was barred by limitation. Importantly the trial Court had also framed issue No. 8 on this point. The defendant’s Civil Appeal No. 54 of 1998 was decided by the District Judge Chamba Division, Chamba, H.P. in terms of its judgment and decree dated 27.5.1999. This Court had admitted the defendant’s appeal on the following substantial question of law: “Whether the trial Court has wrongly decided the issue on limitation and the first appellate Court has not adverted to it despite the appellants-defendants having raised it in their grounds of appeal?” Having heard the learned counsel for the parties and also perused the record, as already noticed hereinabove the defendants specific objection with regard to the suit being barred by limitation, having been taken in the grounds of appeal, -2- the first Appellate Court did not consider the point in issue at all and otherwise decided the suit on merits. The findings on issue of limitation would have a direct bearing on the outcome of the suit on merits. Hence in my considered view the first Appellate Court erred in not considering the ground raised in the appeal and deciding issue No. 8 as originally framed by the trial Court. On this short ground alone the impugned judgment and decree dated 27.5.1999 passed by the first Appellate Court is set aside. The appeal is restored to its original position. The matter is remanded back to the Court for consideration on merits. The first Appellate Court shall decide the matter afresh, after affording due opportunity of hearing to the parties. Needless to add the Court shall decide all the points urged by the parties. The matter pertains to the year 1993 hence the Court below is directed to decide the appeal as expeditiously as possible and preferably within four months from the date of the first hearing. The appearing parties are directed to appear before the concerned Court on 7.12.2009. Record be immediately sent back. (Sanjay Karol), Judge. November 17, 2009 (PK)