LAWS(BOM)-2001-10-129

KUDDUS KHAN GAFFARKHAN Vs. MOHAMMAD YAKUB PIR MOHAMMAD

Decided On October 09, 2001
KUDDUS KHAN GAFFARKHAN Appellant
V/S
MOHAMMAD YAKUB PIR MOHAMMAD Respondents

JUDGEMENT

(1.) HEARD finally at the stages of admission by the consent of the parties.

(2.) THE present Civil Revision Application is directed against the order dated 14-6-2001, passed by the learned 3rd Additional District Judge, Amravati in M. C. A. No. 126/2000, whereby the learned Additional District Judge dismissed the applicants application for condonation of delay.

(3.) IT is contended by the applicants that Regular Civil Suit No. 482/1997, filed by the non-applicant No. 1 against them for eviction in respect of suit house shown by letters ABCD in the plaint map came to be decreed on 26-11-1998. However, they learnt about the said judgment and decree only after service of warrant of attachment issued against them in Regular Darkhast No. 114/1999 i. e. on 24-6-1999. According to the applicants, they are poor and illiterate persons and were not aware about the niceties of law, and therefore, there was a delay of about one year and 9 months in filing the first appeal against the aforesaid judgment and decree.