HANS RAJ KHURANA Vs. NIHAL CHAND

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.11.1991 passed by the Additional District Judge, Rohtak, by which the appeal filed by the petitioner was dismissed.

(2.) Briefly stated, the facts of the case are that the petitioner, aggrieved by the judgment and decree dated 15.6.1991 passed by the Senior Sub Judge, Rohtak, filed an appeal before the Additional District Judge, Rohtak. Since the appeal filed by the petitioner was time-barred, therefore, he moved an application under section 5 of the Limitation Act for condoning the delay of 10 days in filing the appeal. The petitioner has stated in the application that, since he suffered a severe heart attack during the period from 25.7.1991 to 10.8.1991, therefore, he could not file the appeal in time. He further stated that his uncle also died on 2.8.1991.

(3.) The application under Section 5 of the Limitation Act has been dismissed on the ground that the petitioner has not been able to furnish any explanation for non-filing of the appeal on 8th or 9th of August, 1991. It has been held by the Supreme Court in Collector, Land Acquisition, Anantnag and another v. Mst. Katiji and others, 1987 AIR(SC) 1353as under :