DEV NANDAN TATI Vs. BABU LAL

JUDGEMENT

(1.) Appellant has filed this application under Section 5 of the Limitation Act (hereinafter referred to as 'Act') seeking condonation of delay of three days in filing the appeal on the ground that delay in filing the appeal was due to miscalculation of days by the counsel and the same was not intentional. No reply to the application has been filed by the Respondents.

(2.) Mr. Vivek Shama, counsel for the Respondents has submitted that application is not supported by an affidavit of the counsel who mis-calculated the days in filing the appeal beyond the period of limitation and therefore, the application deserves dismissal.

(3.) True that there is three days delay in filing the appeal. The impugned judgment and decree is dated 1st April, 2003 and the appeal was filed by the appellant on 15.07.2003. There were certain objections by the Registry and after removal of the objections, appeal was refiled on 5.08.2003. Appeal was listed first time before this court on 8.08.2003. Therefore, there is a delay of 15 days in filing the appeal. However, appellant got the certified copy of the impugned judgment only after 12 days of his applying for the same. Given benefit of Section 12 of the Act, there is only three days delay in filing the appeal.