RESHAM SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) Present petition is filed challenging the order dated 23.4.2008 passed by the District Judge, Ferozepur, whereby application under Section 5 of the Limitation Act seeking condonation of delay in filing first appeal, was dismissed.

(2.) In fact, suit for recovery of 58,000/-along with interest @ 9% per annum from the date of advancement and @ 6% per annum from the judgment and decree, was decreed vide judgment and decree dated 6.12.2005. Appeal was filed by the Defendant/Petitioner before the First Appellate Court on 3.3.2007 after almost 15 moths. The ground taken to condone the delay in filing the appeal is that counsel for the Defendant/Petitioner has told the Defendant that he need not come to the Court and he will be informed whenever his presence would be required. It is further stated in the application seeking condonation of delay that Civil Revision No. 2467 of 2010 -2-his counsel did not inform him about the judgment and decree and after awaiting a long he approached his counsel at Jalalabad on 21.2.2007 to know about the progress of the case and only then he was informed about the judgment and decree dated 6.12.2005 passed against him. He immediately applied for the certified copy of the judgment and decree, which was delivered to the Defendant/Petitioner on 27.2.2007. Thereafter, at the earliest appeal was filed before the learned First Appellate Court on 3.3.2007.

(3.) However, the learned District Judge did not agree with the Petitioner and dismissed the application seeking condonation of delay.