HARDEEP SINGH Vs. MAYORSINGH @ NEYAR SINGH

JUDGEMENT

(1.) This civil revision under Sec. 115 of C.P.C. has been filed against order dtd. 26/07/2019 passed by Seventh Additional District Judge, Shivpuri in MJC No.26/2018 by which an application filed by respondents No.1 and 2 for condonation of delay in filing the appeal has been allowed and the delay has been condoned.

(2.) It is submitted by counsel for petitioner that petitioner had filed a suit and respondents No.1 and 2 did not appear in the said suit. The suit was filed for declaration of title and permanent injunction. Since, respondents No.1 and 2 were avoiding the service of notice, therefore, they were served by a substituted mode of service by publication. Even thereafter respondents No.1 and 2 did not appear and accordingly, an ex-parte decree was passed. Thereafter, an application under Order 9 Rule 13 of C.P.C. alongwith under Sec. 5 of Limitation Act was filed, which was dismissed by the Trial Court.

(3.) Being aggrieved by the said order, respondents No.1 and 2 filed an appeal alongwith an application under Sec. 5 of Limitation Act. In the appeal a stand was taken that since, their lawyer had not communicated the result/fate of application, therefore, they could not obtain certified copy of the same and could not file the appeal within a period of limitation.