NISHAN SINGH Vs. KAKKA SINGH

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following relief, among others:

(2.) Having lost from the Trial Court, plaintiff-petitioner filed a Statutory Civil Appeal before learned District Judge along with delay codnonation application. The delay was of 30 days. Application under Section 5 of the Limitation Act was dismissed by the Lower Appellate Court vide order dated 20.04.2017. Aggrieved against the same, present writ petition has been filed.

(3.) It is the submission of learned counsel for the petitioner that delay in filing the Statutory Civil Appeal has been sufficiently explained by the petitioner before the lower Appellate Court. The appellant-petitioner was suffering from Jaundice. Civil Court was closed in June, 2016 and, therefore, the appellant-petitioner could not obtain a copy of the judgment.