JANARDAN LAL Vs. INDRADEO

JUDGEMENT

(1.) THESE are two second appeals filed by Janaradan and others against the judgment and decree dated 14-11-90 passed by learned Additional Commissioner, Jhansi in Appeal Nos. 71/556 of 88 and 72/557 of 88 arising out of suits under Section 229-B of the UPZA and LR Act.

(2.) IT appears that the learned trial Court decided the suit on 20-7-88. Smt. Raj Kishori wife of Chandrika Lal since deceased and substituted by Janaradan Lal and others filed two appeals before the learned Additional Commissioner on 30-8-88 which were barred by time by ten days. An application seeking condonation of delay under Section 5 of the Indian Limitation Act supported by an affidavit was also filed. In the affidavit it has been averred that the appellant did not know about the date of order and could know about it only in the evening of 22-8-88 and on 23-8-88 moved an application for copy the same day and the copies were ready on 26-8-88. It was further averred that sometime was spent in making arrangements for expenses and the appeal could be filed only on 30-8-88. The learned Additional Commissioner, did not think it proper to condone the delay and dismissed the appeal. Hence, the present second appeals.

(3.) A perusal of the record reveals that the appellant had explained the delay in filing the appeal. From a perusal of the affidavit it is obvious that the appellant could not know about the date of the order earlier and that she could know about the decision of the trial Court only in the evening of 22-8-88 and could move an application for certified copies on 22-8-88.