KEWAL KRISHAN Vs. KAMALJIT KAUR & OTHERS

JUDGEMENT

(1.) Defendant No.1 Kewal Krishan (appellant before the lower Appellate Court) has filed this revision petition under Article 227 of the Constitution of India impugning the order dated 01.10.2011 (Annexure P-3) passed by learned Additional District Judge (Fast Track Court), Ropar, thereby dismissing the petitioner's application for condonation of delay in filing the first appeal.

(2.) Suit filed by Darshan Singh-plaintiff (since deceased and represented by respondents No.1 to 3 as his legal representatives) was decreed by the trial court vide judgment and decree dated 14.01.2011 (Annexure P-1). Defendant No.1 filed first appeal on 16.07.2011 accompanied by application (Annexure P-2) for condonation of delay in filing the appeal alleging that in December 2010, the petitioner fell ill and was suffering from old age diseases and was advised complete bed rest. The application was resisted by respondents No.1 to 3. Learned lower appellate court after recording evidence dismissed the application for condonation of delay in filing the first appeal vide order (Annexure P-3), which is under challenge in this revision petition.

(3.) I have heard counsel for the parties and perused the case file. Counsel for the petitioner contended that the petitioner is residing in New Delhi and the appeal was to be filed at Ropar and due to old age and illness, the petitioner could not file the appeal within limitation period.