RUPA AND OTHERS Vs. RADHABAI AND OTHERS

JUDGEMENT

(1.) Heard on admission.

(2.) Being aggrieved by the aforesaid judgment and decree , the appeal was filed after expiration of the period of limitation of 30 days alongwith an application for condonation of delay. The said appeal has been dismissed as barred by limitation rejecting the application for condonation of delay. Challenging the aforesaid judgment and decree, the present appeal has been filed and this court has admitted the appeal, as substantial question of law arises for consideration as under :

(3.) It is contended by the learned counsel for the appellants that the appellants did not receive any communication about the judgment and decree from the Advocate, who was representing in the trial court. When the appellant/plaintiff Nandkishore contacted the Advocate to know about the progress of the case then on 08-01-2016, he came to know about the dismissal of the suit . On the same day, an application was made through another counsel for obtaining certified copy. Certified copy was received on 22-01-2016 and on the very next day i.e.23-01-2016, the present appeal was filed.