SOHAN LAL AND RAKESH KUMAR AND ORS Vs. PUNJAB STATE CO-OPERATIVE SUPPLY & MARKETING FEDERATION LTD AND ORS

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India challenge is to order dated 11.5.2010 passed by learned Additional District Judge, Jalandhar thereby dismissing application Annexure P/1 for condonation of delay in filing the first appeal (by petitioner and proforma respondent no. 2 herein).

(2.) Suit filed by respondent no. 1/plaintiff against the petitioner and proforma respondent no. 2 (defendants) was decreed ex parte vide judgment and decree dated 4.9.1996. Defendants moved application in January, 2002 for setting aside the said ex parte judgment and decree. The said application was dismissed by the trial court vide order dated 31.7.2007.

(3.) Defendants filed first appeal against the said order and moved application Annexure P/1 for condoning delay in filing the first appeal alleging that copy of order dated 31.7.2007 of the trial court was applied for on 1.8.2007 and was prepared on 31.8.2007. The petitioner was on business tour abroad and on return on 22.12.2007, he learnt of the order of the trial court and thereafter immediately he filed appeal on 24.12.2007 resulting in delay of more than 21/2 months in filing the appeal.