NANNULAL KISHANLAL Vs. NEW MALWA TRANSPORT CO

JUDGEMENT

(1.) THIS is a revision by the plaintiff-applicant against the order passed by the learned District Judge, Bhopal, in civil appeal No. 1-B of 1967, whereby the learned District Judge, dismissing the application of the plaintiff, filed under sections 5/14 of the Indian Limitation Act, held that no sufficient cause was made out for condonation of the delay.

(2.) THE facts, in brief, leading to this revision were that ths plaintiff-applicant filed a suit for damages to the tune of Rs. 8,255 /- including the price of goods, damages and notice charges for the loss of goods during the transit against the defendant-non-applicants in the Court of the Civil Judge, class I, Vidisha. The learned Judge, after framing the issues on the pleadings of the parties, held that it had no jurisdiction to deal with the matter and, therefore, passed an order on 13-2-67 directing that the plaint be presented before a proper Court.

(3.) THE applicant then filed an appeal in the Court of the learned Additional District Judge, Vidisha, on 7-3-67and that too was returned on 22-7-1967 to be filed in the proper Court. He then filed it in the Court of the learned district Judge, Bhopal, on 24 7-1967, 23-7-67 being a Sunday. He also filed an application under section 5 read with section 14 of the Indian Limitation act. The learned District Judge, by his order dated 16-12-1968, relying on the decision of Bhargava J. in Umasharan Saxena and others v. Mansaram and others (1970 M p l J157 (Civil Revision No. 22 of 1967, decided on the 18th October 1967.)) held that no case of "good faith" or "bona fide" was made out by the plaintiff and hence he dismissed the application. The applicant has, therefore, now come up in revision before this Court.