BEENA KUMARI Vs. RAJ KUMAR

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 CPC has been filed by the defendant/appellant against the impugned judgment dated 16.3.2015 of the First Appellate Court decreeing the suit for recovery of money. The suit had been dismissed by the trial court vide its judgment dated 19.11.2012.

(2.) One of the grounds urged on behalf of the appellant before this Court is that against the judgment of the trial court dated 19.11.2012 the first appeal was filed after about one and half years on 16.4.2014, with an application for condonation of delay, however, the first appellate Court without first deciding and allowing the application for condonation of delay, has disposed of the appeal itself on merits.

(3.) I have gone through the record of the first appellate court and it is seen that the first appeal was filed on 16.4.2014 against the judgment of the trial court dated 19.11.2012, i.e. appeal has been admittedly filed beyond the period of 30 days of passing of the judgment dated 19.11.2012. Certified copy of the judgment filed before the first appellate court shows that time from 3.3.2014 to 7.3.2014 was taken for applying and obtaining the certified copy of the judgment of the trial court and therefore respondent/plaintiff at best was entitled to addition of 5 days in the limitation for filing of the appeal whereas the delay is approximately from 23.12.2012 till 16.4.2014.