OM PRAKASH Vs. VIPIN KUMAR GUPTA

JUDGEMENT

(1.) CM APPL.1395/2010 (exemption) Exemption allowed subject to all just exceptions Application stands disposed of. RSA 14/2010 and CM APPL.1394/2010 (stay) Respondent Vipin Kumar Gupta as Proprietor of M/s. Jeevan Tours & Travels filed a suit bearing No.66/2009 under the provisions of Order 37 CPC for recovery of Rs.65,000/- in February, 2009. Application of the appellant for leave to defend was dismissed by the trial court and a decree was passed in favour of the Respondent vide judgment and decree dated 01.07.2009. The said judgment and decree was challenged by the appellant in RCA No.59/2009. The said appeal was dismissed by the appellate court with the observation that the same was barred by period of limitation. Aggrieved by the said order of the appellate court, the second appeal has been preferred.

(2.) Mr. Harish Chand Sharma, learned counsel for the appellant has submitted that the appellate court did not appreciate the reasons for delay in filing the appeal and also failed to consider the challenge to the judgment and decree of the trial court on merits and, therefore, substantial question of law is required to be formulated in this case.

(3.) I find no force in the submissions of the learned counsel for the appellant. The Appellate Court keeping in mind the provisions contained under Section 9 and 12 of the Limitation Act and while giving correct interpretation to the same, concluded that the appeal was barred by period of limitation and he accordingly dismissed the appeal.