CHANDER SHEKHAR Vs. BALDEV KRISHAN

JUDGEMENT

(1.) (ORAL) Present petition is filed challenging the order dated 5.5.2010 passed by learned Additional District Judge, Ludhiana, whereby application moved by the appellant-petitioner herein seeking condonation of delay of 129 days in filing the first appeal was dismissed.

(2.) Brief facts of the present case are that a suit for partition was partly decreed vide judgment and decree dated 20.12.2007. Appellant wanted to challenge that preliminary decree by way of filing appeal under Section 96 of the Code of Civil Procedure. However, appeal was filed with the delay of approximately 129 days alongwith an application under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal on the ground that certified copy of the judgment and decree was not applied within time because plaintiff- appellant was under the wrong impression that his suit was probably fully decreed and he came to know about the partial decree later on.

(3.) I have heard learned Counsel for the parties and perused the record.