MADHURIBAI Vs. GRASIM INDUSTRIES LTD

JUDGEMENT

(1.) The appellant, Smt. Madhuribai is taking exception to the order passed by the District Judge, Ujjain in the matter of Civil Appeal No. 3A of 1992 by which he did not condone the delay and dismissed the appeal of the appellant.

(2.) By filing appeal in the District Court Ujjain, appellant Madhuribai challenged the decree and order passed by Civil Judge Class II, Khachrod in the matter of Civil Suit No. 203-A of 1988. The said decree was passed in favour of present respondent directing eviction of the present appellant from the suit premises.

(3.) In the District Court, Ujjain an application was filed by present appellant on 11-2-1992 wherein she prayed for condonation of delay in filing the appeal which was for the period between 2-1-1992 to 10-2-1992. The said application was supported by the affidavit of appellant Madhuribai and two medical certificates given by Dr. D.M. Sisodiya bearing dates 10-1-1992 and 5-2-1992. In certificate dated 10-1-1992 Dr. Sisodiya had certified that appellant Madhuribai was suffering from typhoid and fever and was under his medical treatment. By the said certificate he expressed his opinion that Madhuribai should be allowed 14 days leave with effect from 31-12-1991 to 14-1-1992. By certificate dated 5-2-1992 Dr. Sisodiya certified that appellant Madhuribai was suffering from anaemia and colic and was unable to perform her duties and was requiring complete rest and was, according to his opinion, entitled to get 16 days leave w.e.f. 29-1-1992 to 13-2-1992. Said prayer for condonation of delay was objected to by the present respondent. The learned first appellate Court by order dated 19-2-1992 dismissed the prayer of the appellant for condonation of delay and that is the subject-matter of challenge in this appeal. 3A. The present appeal has been admitted on two substantial questions of law:-