STATE OF M P Vs. JALIM GADARIYA

JUDGEMENT

(1.) THIS is a revision by the appellant-State of Madhya Pradesh against the order by which its appeal has been dismissed as barred by limitation.

(2.) PLAINTIFF Jalim instituted Civil Suit No. 22-A of 1993 in the Court of III Civil Judge, Class-I, Chhatarpur for declaration of title to certain lands which were recorded in the revenue records as belonging to the State. The suit was filed against two defendants Maha Prasad and the State of Madhya Pradesh. It proceeded ex parte. The case of the State is that the summons was not served upon it. Defendant No. 1 Maha Prasad did not contest the claim of the plaintiff rather admitted it. The ex parte decree was passed on 30-6-1993. The appeal against that decree was filed by the State on 7-2-1994. The SDO filed an affidavit in support of the application under Section 5 of the Limitation Act, 1963 that the summons were not served and he had no knowledge of the suit or the decree. He came to know about the decree when the Patwari informed him about this decree.

(3.) THE Appellate Court has held that there is not sufficient ground for condonation for the delay of 190 days in filing the appeal from the date of the decree.