SHIV HARI GAUR Vs. SUMITRA DEVI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution seeks assailing the order dated 12.09.2012 of Sr. Civil Judge (SCJ), whereby the application filed by the petitioners (respondents in appeal) under Section 151 CPC for dismissal of the appeal filed before him, was dismissed.

(2.) THE respondent being aggrieved of the judgment and decree dated 26.03.2011 of Civil Judge, preferred an appeal before the ADJ, who vide order dated 11.1.2012, returned the appeal for filing in the court of competent jurisdiction. The appeal was returned on 23.1.2012 and that is how, it was filed on 24.1.2012 before the court of SCJ at Dwarka.

(3.) I have heard learned counsel for the petitioners and perused the record. It is submitted by the learned counsel that the appeal was barred by limitation and that the learned SCJ erred in condoning the delay even without their being any application for condonation of delay. Similar submissions were made by the learned counsel for the petitioners before the SCJ, who observed and rightly so, that the appeal was returned on 23.1.2012 by the learned ADJ and has been filed in his court on the very next date i.e. 24.1.2012. He also observed, and rightly so, that there is nothing on record to show that the act of the respondent in pursuing the appeal before the court of ADJ was dishonest or lacked good faith, and the same being due to the bona fide mistake, and there being also no mala fide, the period of delay in pursuing the appeal before the ADJ was liable to be condoned.