S.B.CIVIL SECOND APPEAL NO. 203/2008 (Basanti Devi vs. UIT, Sriganganagar) DATE OF ORDER : 19/9/2008 HON'BLE DR.JUSITCE VINEET KOTHARI Mr.Gajendra Sharma for Mr.Vinod Purohit, for the appellant. Mr.Dron Kaushik, for the respondent. Heard learned counsels. This second appeal has been filed against the order dated 28/4/2008 passed by first appellate court, whereby, the first appellate court rejected the appeal of the plaintiff on the ground that the same was time barred. The impugned judgment of the learned trial court is dated 7/1/2008, whereby, the learned trial court rejected the suit of declaration and permanent injunction against the UIT, Sriganganagar. The plaintiff-widow lady has shown that after the death of her husband in 1962 there was no source of income with the said lady and she had filed the suit against the UIT in respect of plot no.1-A-31 and 1-A-32 over which she had the possession. The suit was, however, rejected and the appeal has also been dismissed by cursory and cryptic order of learned first appellate court. Having heard learned counsels and considering the facts and circumstances of the case, this Court is inclined to set aside the impugned order dated 28/4/2008 of the first appellate court and restore the appeal to the first appellate court for its decision afresh on merits of the case. Accordingly, this second appeal is allowed and the impugned order dated 28/4/2008 is set aside and appeal is restored to the first appellate court for its decision afresh in accordance with law. The learned first appellate court is requested to decide the appeal expeditiously within six months from today. (DR.VINEET KOTHARI), J. item no.21 baweja/-