SANTI SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This second appeal has been filed against the order dtd. 15/7/1999 passed by learned First Appellate Court at Rewa in Civil Appeal No.63A/1998 whereby, the appeal against the judgment and decree passed by learned Civil Judge, Class-I, Mauganj DistrictRewa in Civil Suit No.322-A/91 whereby, the learned Civil Judge dismissed the suit of plaintiffs-Punyalal singh and others on the basis of lack of jurisdiction. The learned First Appellate Court dismissed the appeal as being time barred by one month twenty five days.

(2.) The grounds raised in this appeal are that the Appellate Court ought to have held that the appellant/plaintiffs were prevented by sufficient cause and the delay in filing the case was bonafide. The Court below after giving a specific finding that from the perusal of order dtd. 9/8/1996, it is apparent that none of the parties were present in the Court and in the absence of any finding to show that Shri H.L. Tripathi- Advocate had informed the appellant No.1 about the judgment dtd. 9/8/1996, the application for condonation of delay should have been allowed.

(3.) Learned counsel for other party support the order of learned First Appellate Court.