Shyam Lal Jogi v. Branch Manager, Jila Sahkari And Gramin Vikas Bank Maryadit

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 482 of 2016

1. Shyam Lal Jogi S/o Late Shri Mahesh Ram Jogi, Aged About 46 Years Caste Satnami, R/o Village Markadih, Post Office Kapan, Via Naila, District Janjgir Champa, (Chhattisgarh)

2. Sarju Prasad Jogi ( Wrongly Mentioned As Suraj Prasad Jogi In The Impugned Order), S/o Late Shri Mahesh Ram Jogi, Aged About 40 Years Caste Satnami, R/o Village Markadih, Post Office Kapan, Via Naila, District Janjgir Champa, (Chhattisgarh)

3. Gend Ram Jogi, S/o Late Shri Mahesh Ram Jogi, Aged About 50 Years Caste Satnami, R/o Village Markadih, Post Office Kapan, Via Naila, District Janjgir Champa, (Chhattisgarh) ---- Petitioner

Versus

1. Branch Manager, Jila Sahkari And Gramin Vikas Bank Maryadit Branch Baloda, District Janjgir Champa, (Chhattisgarh)

2. Ram Kumar, S/o Late Shri Bahoran, Aged About 40 Years Caste Satnmai, R/o Village Rasota, Police Baloda, Tahsil And Police Station Baloda, District Janjgir Champa, (Chhattisgarh) ---- Respondent For Petitioners Shri B. L. Bhardwaj, Advocate Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 10/08/2016 1.

Challenge in this writ petition is to the order passed by the First Appellate Court rejecting petitioners' first appeal as barred by limitation.

2.

The impugned order has the effect of judgment and decree passed by the First Appellate Court, therefore, the petitioners have remedy of preferring second appeal before this Court under Section 100 CPC.

3.

In view of the availability of alternative remedy before this Court, the present writ petition is not maintainable. It is accordingly dismissed. The petitioners would be at liberty to prefer a duly constituted second appeal, in accordance with law. 4.

Certified copy of the order (Annexure-P-1) be returned to learned counsel for the petitioner on supplying xerox copy thereof. Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala