SHIVA SHANKER SINGH Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) THIS is the second civil appeal against the judgment and decree dated 25.5.1979 passed by Sri Ashok Kumar, the then learned Civil Judge, Pratapgarh, dismissing the appeal No. 198 of 1977 as barred by limitation and confirming the judgment and decree dated 31.8.1977, passed by Sri Ramesh Chandra Tewari, the then learned Munsif Kunda at Pratapgarh in Regular Suit No. 48 of 1968, which was a suit for declaration of title. The following question of law has been formulated in this second appeal: - -

(2.) I have heard arguments and have gone through the record.

(3.) IN the instant case the learned trial court has delivered its judgment on 31.8.1977. The appellant was negligent in moving the copying application at once and was negligent in filing the first appeal after much delay. The contention of the learned counsel for the appellant to the effect that the delay in filing the first was due to the wrong advice of the counsel at Pratapgarh who was negligent of law is no excuse. Ignorance of law resulting in inaction on the part of a litigant to assert his rights of which he has no knowledge as a result of such ignorance does not constitute sufficient cause within the meaning of Section 5 of the Limitation Act as has been held in ruling reported in 18 Bombay Law Reporter; 751.