BHAIRO PARSHAD Vs. KARAM CHAND

JUDGEMENT

(1.) THIS is a revision petition against the judgment dated 30.8.1997 passed by the District Judge, dismissing the application under Section 5 of the Limitation Act, seeking condonation of delay in filing the appeal and resultantly dismissing the appeal as time barred.

(2.) THE facts which are relevant for the decision of the present revision petition are that Karam Chand, plaintiff, had filed a suit for declaration against the defendants, namely, Bhairo Parshad, Smt. Bado Devi and Smt. Nimbo. In the said suit, the defendants were proceeded against ex parte. After recording ex parte evidence, the learned trial Court, vide ex parte judgment and decree dated 2.4.1994, decreed the suit of Karam Chand, plaintiff. Aggrieved against the said ex parte judgment and decree dated 2.4.1994, Bhairo Parshad, defendant, filed an appeal before the District Judge and since the appeal was time barred, he also filed an application under Section 5 of the Limitation Act, seeking condonation of delay in filing the appeal. The said application was contested by the plaintiff-respondent No. 1 by filing written reply. On the pleadings of the parties, the learned District Judge framed the following issues :-

(3.) NOTICE of motion was issued. Trial Court record was summoned. Counsel for the parties have been heard and record perused.