JEET SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India read with Sec. 151 CPC has been filed impugning the order dtd. 15/2/2022 (Annexure P-1) passed by the lower Appellate Court whereby the application filed by the respondent for condonation of delay in filing the appeal has been allowed.

(2.) The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit for specific performance of agreement to sell dtd. 27/2/2012. Vide order dtd. 24/7/2015 (Annexure P-4) the said suit was dismissed for non-filing of the court fees. On 11/9/2017 the plaintiff-respondent filed an appeal (Annexure P-5) against the order dtd. 24/7/2015. The appeal was accompanied with an application under Sec. 5 of the Limitation Act, 1963 for condonation of delay in filing the appeal.

(3.) The defendant-petitioner appeared and filed a reply (Annexure P-6) to the application seeking condonation of delay. Vide impugned order dtd. 15/2/2022 (Annexure P-1) the lower Appellate Court allowed the application for condonation of delay in filing the appeal subject to payment of Rs.2,000.00 as costs. The costs were paid by the plaintiff-respondent on 15/2/2022 itself. Hence, the present revision petition.