SMT. BASANT DEVI Vs. SMT. DAMYANTI DEVI

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PRESENT petition has been filed by the petitioner challenging the order dated 19.03.2010 by which her application under Section 5 of Limitation Act in Civil Appeal No. XXX/2008 "Smt. Basanti v. Smt. Damyanti Devi" was rejected. The said application was filed by the petitioner for condoning the delay in filing the appeal against the order dated 11.03.2008, by which his application under Order 1 Rule 10 of C.P.C. was rejected by the Trial Court.

(3.) DURING the pendency of the aforesaid suit, the respondent instituted suit No. 10 of 2006 "Smt. Damyanti Devi v. Bhagat Ram" for the eviction of Bhagat Ram (the husband of the petitioner) from a shop and a room. In the said suit the petitioner was not made a party. The suit was decreed in the favour of respondent on 11.03.2008 and the husband of the petitioner was directed to hand over the possession of the premises in question to the respondent/plaintiff. The husband of the petitioner filed Civil Appeal No. 13/2008 "Bhagat Ram v. Damyanti Devi" which was dismissed on 19.03.2010. The husband of the petitioner also filed a writ petition No. 549/2010(M/S) before this Court challenging the order dated 19.03.2010 passed by District Judge, Nainital in Civil Appeal No. 13/2008 Bhagat Ram v. Damyanti Devi, and the order dated 11.03.2008, passed by the learned Civil Judge (Sr. Div.), Nainital in Civil suit No. 10/2006 "Smt. Damyanti Devi v. Bhagat Ram" and the order dated 16.04.2010 passed in Execution Case No. 5 of 2010 "Damyanti Devi v. Bhagat Ram".