IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18897 of 2010 ANIL KUMAR & ORS Versus SMT.KAUSHALYA DEVI & ORS ----------- 2 3.5.2011 This writ application has been filed by the petitioners challenging the order dated 13.5.2010 passed by the District Judge, Nalanda, in Title Appeal No.2 of 2010 by which the limitation application of the petitioners has been rejected on the ground that the preliminary decree was drawn up on 3.11.1979 and the appeal was preferred belatedly on 12.5.2010. Initially there was no dispute and no appeal was preferred against the preliminary decree passed on 3.11.1979 but the cause of action arose when one shareholder in the property, namely, Budhiya died in the year 1984. Then, petitioner applicant moved an application before the trial court to correct the share on account of death of Budhiya which was then on account of misconceived advice the applicant preferred revision bearing C.R. No.1891/06 which was disposed of. This Court dismissed the revision and relegated the applicants to file an appeal. These facts have not been taken into account by the District Judge while rejecting the application and has ignored the provisions of Sub-Section (1) of Section 5 of the Limitation Act and accordingly, orderimpugned is set aside. The matter is remitted back to the District Judge to 2 reconsider application of the petitioner after giving full opportunity of hearing to both the parties. The writ petition is disposed of. AnilKrSinha ( Prakash Chandra Verma, J.)