SHRI NATH CARGO PVT LTD Vs. PARAG SAREES

JUDGEMENT

(1.) This second appeal is filed under Section 100 of Code of Civil Procedure, 1908 (CPC) impugning the judgment of the first appellate court dated 5.2.2014 by which the first appeal was dismissed as barred by limitation. Appellant before the first appellate court and also before this Court was the defendant in the suit. The appellant is a transporter and against whom the suit for recovery of Rs.69,370/- was decreed ex parte by the judgment dated 30.8.2013.

(2.) The first appellate court holds that the ex parte judgment was pronounced on 30.8.2013 but the appellant applied for the certified copy only in October 2013 and filed the appeal in January 2014 clearly showing that the first appeal was time barred. The relevant observations made by the first appellate court are contained in paras 4 to 6 of the impugned judgment and which read as under:-

(3.) I may note that the appellant-defendant had originally contested the suit by filing the written statement, but thereafter had stopped, appearing and was accordingly proceeded ex parte. The suit has been decreed for an amount of Rs. 69,370/- alongwith interest at 8% per annum simple on account of the fact that the appellant/defendant/transporter lost the consignment which was entrusted to it for transportation by the respondent/plaintiff.