TEJA SINGH Vs. CHANAN KAUR ETC

JUDGEMENT

(1.) Facts necessary for the disposal of this petition under section 5 of the Limitation Act for condonation of delay in filling regular second appeal against the judgment and decree of the first appellate Court dated 5.3.1987 passed by the District Judge, Jalandhar, are as follows :-

(2.) One Suraina owned 108 kanals 14 marlas of land. He died on 1.6.1984. He was survived by a son Teja Singh and two daughters Gurmej Kaur and Chanan Kaur. Teja Singh was married and his wife is named Seeto. In the life-time of Suraina. Teja Singh and Seeto had filed a suit for possession against Suraina on 3.5.1984 and a consent decree had been obtained the same day from the Court of the Subordinate Judge. The two sisters Gurmej Kaur and Channan Kaur filed a suit against Teja Singh etc. for a declaration of their title with regard to 2/3rd of the land left by Suraina as also that they were in possession there of and the decree dated 3.5.1984. was not binding on them as the same had been obtained collusively and was passed on fraud and impersonation. The said suit was filed on 28.7.1984. During the pendency of the said suit filed by the sisters, Teja singh took out execution of the decree dated 3.5.1984. on 10.10.1984. The two sisters filed objections in the execution. These objection were : (1) that the L. Rs. of Suraina had not been impleaded and the proceedings in execution could not, therefore, proceed, and(2) a stay had been granted in the suit instituted by them and, therefore, further proceedings may be stayed. The aforesaid objections were dismissed by the executing Court on 31.8.1985. The sisters filed an appeal against the order. The appeal was still pending when their suit dated 28.7.1984. was dismissed by the trial Court on 30.8.1986. Against the dismissal of their suit, the sisters filed first appeal to the District Judge which was ultimately allowed by Shri S.S. Grewal by order dated 5.3.1987. The sisters also preferred an appeal against the order dismissing their objection-petition dated 31.8.1985. The appeal against the order was dismissed by the District Judge on 15.9.1986. The sisters filed a civil revision No. 3677 of 1986 against the order dated 15.9.1986 passed by the District Judge. The civil revision came up for hearing before Mr. Justice R N Mittal on 16.12.1987. Shri S.P. Jain, Advocate, appearing for Teja Singh etc. stated that Teja Singh etc. stated that Teja Singh had preferred a regular second appeal against the Judgment and decree passed by the District Judge on 5.3.1983. which was pending. He was, however, unable to furnish the number and other particulars of the said regular second appeal. Civil revision, Teja Singh filed Special Leave Petition No. 4048 of 1989 which was dismissed as withdrawn on 13.9.1989.

(3.) The judgment of the District Judge was delivered on 5.3.1987. Application for certified copy was made on 6.3.1987. The certificate copy was prepared and delivered to the applicant, Teja Singh, on 20.4.1987. The appeal has been preferred on 7.8.1990. There was thus a delay of 3 years and 18 days in filling the regular second appeal.