UDAYAN CHINUBHAI Vs. R C BALI

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the Delhi High Court dated March 28, 1977, in a regular first appeal. The High Court dismissed the appeal as time barred and also refused to condone the delay under Section 5 of the Limitation Act, 1963.

(2.) The defendant is the appellant before us. The plaintiff respondent filed a suit for rendition of accounts in the court of the Commercial Sub-Judge, Delhi and he decreed the suit by his judgment dated March 27, 1976, in the following words:-

(3.) On April 14, 1976, the appellant, who stays in Ahmedabad, requested Shri Bharatinder Singh, his Advocate in Delhi, in the trial Court, to take necessary steps to file an appeal in the High Court and the said Advocate made an application for certified copies of the judgment and the decree on April 17, 1976. Later on the appellant requested Shir P. H. Parekh, Advocate, to file the appeal in the High Court. Shri Parekh was informed by Shri Bharatinder Singh that he had made the application for certified copies in April 1976 and that he would hand over the certified copies as soon as these were received.