AMARJIT KAUR Vs. TOTA SINGH

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India, plaintiff Amarjit Kaur has assailed order dated 10.5.2011 passed by the learned Additional District Judge, Barnala, thereby dismissing application moved by the plaintiff for condonation of delay in filing first appeal.

(2.) Suit Filed by the plaintiff against defendant - respondent was dismissed by the trial Court vide judgement and decree dated 5.5.2010. Plaintiff filed first appeal on 25.1.2011 alongwith application for condonation of delay in filing the said appeal, alleging that after conclusion of evidence in the trial court, plaintiff fell ill. Her counsel told her that she was not required to come to the Court and she would be intimated whenever her presence would be required. Later on, she learnt that the suit had been dismissed on 05.05.2010. The delay in filing the appeal occurred due to the negligence of her counsel in the trial Court.

(3.) Defendant - respondent controverted the averments made in the application.