BACHAN SINGH Vs. GURMAIL SINGH AND ORS

JUDGEMENT

(1.) Plaintiff has filed instant revision petition under Section 115 of the Code of Civil Procedure.

(2.) Petitioner filed suit against the respondents for permanent injunction. Respondents/defendants filed counter claim in the said suit. Learned Additional Civil Judge (Senior Division), Sangrur vide judgment and decree dated 10.3.2005 decreed the plaintiff suit and also partly decreed the counter claim of defendants-respondents. Plaintiff preferred first appeal against judgment and decree of the trial court to challenge the relief granted to the defendants in the counter claim. The said appeal was barred by limitation and accordingly petitioner moved application under Section 5 of the Limitation Act for condonation of delay of 235 days in filing the said appeal. Learned Additional District Judge, Sangrur vide impugned judgment dated 28.10.2009 dismissed petitioner's application for condonation of delay in filing the appeal and consequently rejected the appeal as time barred. Feeling aggrieved, the plaintiff has filed the instant revision petition.

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