RAM SINGH Vs. JASWANT KAUR

JUDGEMENT

(1.) This revision petitioner is directed against order dated 3.12.2009 (Annexure P1) passed by the Additional district Judge, Ludhiana (hereinafter described as 'the first appellate Court') vide which e application under Section 5 of the Limitation Act (for short, 'the Act') was accepted so as to permit the plaintiffs-respondents to prefer appeal against the judgment and decree dated 3.11.2006 of the Civil Judge (Junior Division), Ludhiana (referred to hereinafter as 'the trial Court') beyond the period of limitation.

(2.) The civil suit filed by the respondents against the defendants-petitioners for joint possession and declaration was dismissed by the trial Court under Order 17 Rule 3 of the C.P.C. as they failed to lead any evidence in support of their case. The respondents did not prefer the appeal within the period of limitation. However, after a delay of more than sixteen months, they did so and for condonation of the same, an application under Section 5 of the Act was filed by them, which has been allowed by the first appellate Court by the impugned order.

(3.) It has been contended by the learned Counsel for the petitioners that the first appellate Court has erred in accepting the application for condonation of delay as there was no satisfactory explanation for doing so and, therefore, the impugned order is liable to be set aside.