SURENDRA BAHADUR SINGH Vs. NARENDRA BAHADUR SINGH

JUDGEMENT

(1.) Substantial question of law involved, formulated and required to be answered in this plaintiffs second appeal is as under:-

(2.) Suit filed by the original plaintiff-Surendra Bahadur Singh for declaration of title and for setting aside the sale deed dated 21.12.90 came to be dismissed by the trial Court on 5.12.94.

(3.) Being aggrieved against the judgment, appeal was preferred before the First Appellate Court on 21.2.95 with a delay of 29 days stating inter-alia that on the date of passing of the judgment, before the trial Court original plaintiff was not present and upon receiving information he applied for certified copy on 30.12.94 and certified copy was received on 17.1.95 and thereafter, he preferred the appeal duly supported by an affidavit of the plaintiff which was barred by 29 days, which was duly replied by the respondents. The First Appellate Court by its impugned order rejected the application finding no sufficient cause and also dismissed the appeal.