BAHADUR KHAN Vs. MARRIAMM

JUDGEMENT

(1.) An original suit No. 430 of 1947 was filed ir the court of the Munsif Haveli, Banaras. On the date fixed for hearing, the Plaintiff did not produce any evidence. The Defendant gave evidence. The learned Munsif then examined the case on merits and dismissed the suit with costs. This order was passed on the 13th of July, 1948. An application for restoration was made on the 16th of July, 1948. This application was dismissed on the 23rd of October, 1948. After obtaining a copy of the judgment of the Munsif an appeal was filed by the Plaintiff on the 22nd of November, 1948. An application Under Section 5 of the Limitation Act was also made for condoning the delay in filing the appeal. That application was (sic) and the appeal was also rejected by the same order. Against that order of rejection the second appeal has been filed.

(2.) The court below has slated as follows:

(3.) The court below was, therefore, of the view that as the delay in filing the appeal had not been explained the protection of Section 5, Limitation Act was not available.