HARI RAM Vs. ISHWAR SINGH AND ORS.

JUDGEMENT

(1.) THE present petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 1.2.2011 passed by Additional District Judge, Bhiwani vide which application filed by Ishwar Singh, Respondent -applicant for condonation of delay in filing the appeal under Section 5 of the Limitation Act, was allowed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) IT has been contended by the learned Counsel for the Petitioner that a false plea has been taken by Respondent No. 1 -Plaintiff that he was under treatment. Further contends that copy was prepared on 6.2.2010, though delivery was taken by the Respondent -Plaintiff on 26.2.2010 and thus, there was delay in filing the appeal.