MUKTINATH DAS Vs. BRINDA DAS

JUDGEMENT

(1.) This appeal arises from the decree of the District Judge Jorhat passed in MA No. 2 of 1977 dismissing the appeal from the decree passed by the Assistant District Judge Jorhat in MS No 42 of 1971 decreeing a sum of Rs. 7,137.38 in favour of the plaintiff-respondent.

(2.) The first question which arises for consideration is whether the District Judge has illegally rejected the application for condonation of delay in filing the appeal. There was a delay of 12 days in filing the appeal. After the conclusion of the argument, 31-5-78 was fixed for judgment. The appellant filed an application on 29-5-78 under Section 5 of the Indian Limitation Act for condoning the delay. The lower appellate Court rejected the application on the following grounds. When the appeal was registered, it was specifically mentioned in the order sheet that the appeal was barred by limitation. Therefore, on 25-7-77, after hearing the appellant's advocate, the appeal was admitted subject to the question of limitation being kept open. Only after the argument and before the judgment, the application was filed. The alleged mistake of the lawyer could not be taken to be sufficient ground for condonation of the delay.

(3.) Let me now examine the instant case. 1n para 7 of the petition for condonation of delay it is stated :