KALLOO Vs. STATE OF U.P.& ORS.

JUDGEMENT

(1.) THIS is a Revision against the order dated 13-2-1997 passed by the Additional Commis­sioner, Jhansi in Appeal No. 77/6 of 1994-95 whereby the learned Additional Com­missioner allowed the application under Section 5 of Limitation Act condoning the delay in filing the appeal and thereby ad­mitted the appeal against the judgment and decree dated 10-5-1994 in suit No. 213 decreeing the suit of the plain­tiff/revisionist under Section 299-B, UPZA and LR Act.

(2.) THE facts of this case in the nut shell are that a suit under Section 229-B UPZA and LR filed by the revisionist plaintiff Kalloo was decree on 10-5-1994. The State filed the appeal on 12-8-1994 and the Ad­ditional Commissioner allowed the ap­plication under Section 5 of Limitation Act in spite of the protest by the revisionist hence this revision.

(3.) THE record shows that on the date of delivery of the judgment by the trial Court i.e., on 10-5-1994 the DGC put his signatures on the order sheet hence to say that he had no knowledge of the judgment prior to 14-7-1994 is absolutely false. The application for copy was moved on 14-6-1994 and the copy was received on 14-7-1994. It is therefore, apparent that the application for copy was itself moved after 35 days Le. after the period of limitation had expired. Further the appellant did not give any satisfactory explanation for making further delay and no reason was given to explain such delay.