BUDH SINGH Vs. BUTA SINGH

JUDGEMENT

(1.) Defendant Budh Singh has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 14.09.2009, passed by learned Additional District Judge, Barnala, whereby first appeal filed by the defendant-petitioner has been dismissed as time barred, by dismissing application of the petitioner for condonation of delay in filing the appeal.

(2.) Suit filed by respondent Buta Singh against petitioner Budh Singh was decreed by the trial court vide judgment and decree dated 02.05.2007. Defendant preferred first appeal against the said judgment and decree on 15.04.2008. Along with first appeal, defendant moved application for condonation of delay in filing the appeal alleging that his counsel had advised him that the counsel would call the petitioner as and when his presence would be required and there was no necessity for the petitioner to appear on each and every date of hearing. Ultimately on 26.02.2008, a court official visited the village to execute attachment warrant and few days thereafter, the petitioner went to his counsel, who informed the petitioner about the judgment and decree dated 02.05.2007 passed by the trial court. The petitioner then applied for certified copies of judgment and decree of the trial court and filed the appeal resulting in delay. Condonation of said delay was sought on these grounds.

(3.) I have heard learned Counsel for the petitioner and perused the case file.