NASEEBAN Vs. SUSHILA

JUDGEMENT

(1.) These are two connected second appeals filed by Smt. Naseeban against the order of Addl.Commissioner, Kumaun Division, Nainital dated 14.11.1983 dismissing the appeals filed by Nanhey, the father of the present appellant Smt. Naseeban against the judgment and decree of the Assistant Sub-Divisional Officer, Kashipur, District Nainital dated 8.1.1981 decreeing the plaintiff's suit.

(2.) Heard the learned counsel for both the parties, persuade the record.

(3.) Learned counsel for the appellant argued that even though the learned Addl. Commissioner mentioned in the order-sheet that the appeal was dismissed and that a detailed judgment was being given separately but no such judgment was ever recorded by him and the order of the dismissal of the appeal remained only on the order-sheet. It was contended that this order on the order-sheet is not a judgment in the eye of law and cannot be maintained because it has not dealt with any question of law and fact. It is further argued that the appellant Nanhey in spite of best endeavours could not know the result of the appeal and hence he could not filed the appeal and died and so after his death the present appellant being his daughter and heir preferred this appeal when she also could not lay her ends on any judgment as it was not prepared nor any decree thereof was prepared. An application for condonation of delay has, therefore, been filed by her under Sec. 5 of the Limitation Act.