PREM NATH Vs. CHIMAN LAL

JUDGEMENT

(1.) THE challenge in revision here is to the condonation of the delay in the filing of the appeal before the lower appellate court.

(2.) THERE were two suits pending before the trial court pertaining to the same property in dispute. Both the suits were consolidated and ordered to be heard together An appeal in one of the suits was filed within time time and the prayer made therein pertained to the relief sought in both the suits. It is obvious from this that when this appeal was died, it was taken to be an appeal against the common judgment pertaining to both the suits Later, it appears that the petitioner was advised of the correct position of law and he then filed an appeal in the second suit too, which was indeed highly belated. In the circumstances, however, as has been narrated, no exception can taken to the impugned order of the lower appellate court condoning the delay in filing the appeal.

(3.) THIS revision petition is consequently hereby dismissed. There will, however, be no order as to costs.