FIRST APPEAL No. 433 of 2017 at Allahabad

A.F.R. Judgment Reserved on 18.09.2025 Judgment Delivered on 08.10.2025 Neutral Citation No. - 2025:AHC:177946 Court No. - 38 Case :- FIRST APPEAL No. – 433 of 2017 Appellant :- Piyush Parihar Respondent :- Manuii @ Munni Devi & Another Counsel for Appellant :- Kedar Nath Mishra Counsel for Respondent :- Abhishek Kumar, Ashish Kumar Gupta, Rahul Sahai Hon'ble Sandeep Jain, J. 1. The instant appeal under section 96 CPC has been preferred by the plaintiff against impugned judgment and decree dated 17.2.2017 passed by the Additional District Judge, Court No. 14 Varanasi in O.S. no. 1112 of 2013 Piyush Parihar versus Manuii alias Munni Devi and another, whereby defendant's application under Order 7 Rule 11(d) CPC was allowed and consequently, the suit was held to be barred by limitation. 2. Factual matrix is that the plaintiff- appellant filed O.S. no. 1112 of 2013 in the lower court with the averments that an agreement to sell was executed in his favour by the defendants regarding land having area of 0.167 hectare situated in khata no.398m, 365m, 414, 232m, 436m, 411, 378 and 233, which was situated in 8 gatas, having total area of 2.671 hectare, situated in Mauja Singhpur, Pargana Sh