SMT. JAGDAMBA Vs. PREM CHAND JAIN

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the order dated 01.12.2015, passed by First Addl. District Judge, Dehradun, in Misc. case no. 417 of 2015, Jagdamba v. Prem Chand, granting an opportunity of hearing of appeal on merits.

(2.) Two original suits, bearing numbers 313 of 1995 and 232 of 2001 were filed by the wife of respondent for permanent prohibitory injunction against the present petitioner. Both the suits were consolidated and decided by a common order on 30.10.2010. Both the suits were decreed. Regular civil appeal no. 94 of 2010 was filed against the judgment rendered in O.S. no. 232 of 2001. Time barred civil appeal was filed against the judgment rendered in O.S. no. 313 of 1995, which was registered as misc. case no. 798 of 2010.

(3.) Said misc. case was dismissed in default on 27.05.2011. Re-admission application was filed on 15.05.2015 along with delay condonation application. Such delay condonation application was dismissed on merits vide order dated 01.12.2015. Aggrieved against refusal to condone the delay, the appellant (petitioner herein) filed present writ petition, which according to learned Senior Counsel for the respondent, in not maintainable.