SARFRAZ BAIG Vs. NIZAM SUGAR FACTORY LTD

JUDGEMENT

(1.) This petition is filed to condone the delay of 184 days in filing the petition to recall the judgment in S.A.No.308 of 1992, dated 3-9-2003.

(2.) Petitioner filed O.S. No.138 of 1987 seeking correction of his date of birth in the records of the respondent. The trial Court decreed the suit and the said decree was confirmed by the first appellate Court. In S.A. No.308 of 1992 preferred by the respondent, as there was no representation on behalf of the petitioner, after hearing the Counsel for the respondent (appellant), this Court, by the judgment dated 3-9-2003, set aside the decrees and judgments of the Courts below and dismissed the suit. On 25-4-2005 petitioner filed a petition to recall the judgment dated 3-9-2003 in the SA No.308 of 1992 along with this petition to condone the delay of 184 days in filing the recall petition.

(3.) The allegations, in brief, in the affidavit of the petitioner, filed in support of this application are, when the second appeal came up for hearing, since the Advocate, whose name appeared in the cause list, had given up his vakalat and since he had no information about the date of hearing of the case and since he was suffering from eye and other problems there as no representation on his behalf, and when he came over to Hyderabad on 31-3-2005 for engaging a new Counsel he came to know about the second appeal being allowed and thereby there is a delay of 184 days in filing the recall petition and so that said delay may be condoned.