MADHUKAR DASO DESHPANDE Vs. ANANT NILKANDHA DESHPANDE

JUDGEMENT

(1.) This appeal by defendant No. 4A is directed against the judgment and decree dt. 25-8-1980, passed by the I Addl. Civil Judge, Belgaum, in R.A.No.28/1980 on his file, dismissing the appeal as barred by time.

(2.) The appeal was filed on 28-1-1980. Even taking into consideration the time taken for supplying the certified copies the appeal should have been filed on 25-1-1980 Therefore, there was a clear delay of three days in filing the appeal. There was no application for condonation of delay. Hence, the learned Civil Judge held that the appeal was barred by time and dismissed the appeal. It is against such judgment and decree that the present appeal is instituted.

(3.) The learned counsel for the appellant strenuously urged before me that though the learned Civil Judge mentioned that there was delay of 25 days, in fact, there was delay of only three days. Such delay was inevitable, because, he had to come from Gokak to Belgaum to file the appeal. The certified copies were obtained by him on 25-10-1980 and the appeal was filed on 28-1-1980. So, he submitted that the short delay should have been condoned. He further submitted that since the office did not raise any objection, he had no occasion to give an application for condonation of delay. He further submitted that even if there was delay, the Court did not give him a chance to explain the delay. Hence, he submitted that appeal was entitled to succeed.