MANISH VERMA Vs. JAGAT NARAIN SUBHARTI CHARITABLE TRUST

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) Four suits were instituted by the petitioner and all the suits were decreed, against which the respondent filed appeal before the District Judge, Dehradun. Subject matter of all the suits was identical. The petitioner in the present writ petition has challenged the validity, illegality and propriety of order dated 13.7.2012 passed by learned District Judge, Dehradun in Civil Appeal No. 72 of 2012. The said order has been passed in appeal and by the said order the appeal has been admitted for hearing and directions given to register the appeal as such. While doing so, the learned District Judge has also stayed the operation of the judgment and decree dated 31.5.2012.

(3.) The principal contention of the petitioner before this Court is that the appeal was belated as it was filed beyond the statutory limitation of 30 days. Hence, the learned District Judge ought to have heard Section 5 application, which in fact accompanied the appeal, before admitting the appeal.