LAWS(DLH)-2015-9-751

SAVINDER KAUR @ SEEMA Vs. RAJDULARI

Decided On September 24, 2015
Savinder Kaur @ Seema Appellant
V/S
Rajdulari Respondents

JUDGEMENT

(1.) RFA 189/2014 & CM No. 2294/2015 (Stay), CM No. 8529/2014 (Condonation of delay of 129 days in filing) & CM No. 8531/2014 (O. 41 R. 27 of CPC)

(2.) The captioned application being: CM No. 8529/2014, is filed seeking condonation of delay of 129 days in filing the present appeal. The reason given by the appellant, is that, she became aware of the impugned judgement and decree dated 05.10.2013 only on 01.05.2014, when a slip was handed over by an unknown person to her minor daughter, which, later on was received by her.

(3.) In so far as the merits of the appeal are concerned, it is the stand of the appellant that the impugned judgement was passed ex parte. It is submitted before me that service was not effected on the appellant and, therefore, the order being erroneous is required to be set aside.