AFROZ JAHAN Vs. S.A. NAQVI

JUDGEMENT

(1.) EXEMPTION allowed subject to just exceptions. C.M. stands disposed of. +RSA No.97/2014 and C.M. Nos.6238/2014 (stay), 6240/2014 (condonation of delay in filing) and 6241/2014 (condonation of delay in refiling)

(2.) THIS Second Appeal is filed under Section 100 of Code of Civil Procedure, 1908 (CPC) impugning the judgment of the first appellate court dated 23.4.2013. By the impugned judgment, the first appellate court has dismissed the appeal filed by the appellant/defendant/tenant by refusing to condone the delay in filing of the appeal.

(3.) THE appellant claims to have derived knowledge of the ex parte judgment and decree on 22.3.2012 when bailiff in execution went to the premises of the appellant with the attachment warrant. Appellant pleaded the following three reasons for not appearing in the suit after filing of the written statement: -