RAJA BHATT Vs. SHEELA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is an Appeal under Order 43 Rule 1 (c), Code of Civil Procedure, 1908 against an order dtd. 10/1/2020 passed by Ist Additional District Judge, Rishikesh, Dehradun in Misc. Case No. 13 of 2019. By the said order, delay condonation application filed by appellants with their application under Order 9 Rule 9 CPC, has been rejected. Consequently, the restoration application filed by appellants too has been rejected.

(3.) Perusal of the impugned order reveals that the delay condonation application filed by appellants has been rejected only on the ground that appellants- counsel was present before the Court on 3/1/2019, when the next date was fixed for 8/1/2019, therefore, the plea raised by appellants that due to mistake the next date was noted as 8/2/2019, is not believable.