ROY CHAUDHARY Vs. KRISHNA PAPER BOARD MILLS

JUDGEMENT

(1.) THIS order will dispose of Civil Revision Nos. 1948 and 1949 of 1992 as common questions of fact and law are involved in the same However the facts have been extracted from Civil Revision No. 1948 of 1992.

(2.) PETITIONER M/s. Roy Chaudhary and Company being aggrieved by the order passed by Additional District Judge Ambala dated 20. 2 1992 vide which application for condoning the delay in filling the appeal as also the appeal being barred by time were dismissed has approached this court by way of present Revision Petition under section 115 of the Code of Civil Procedure.

(3.) ADMITTEDLY respondent M/s. Krishna paper Board Mills obtained a decree of Rs. 67, 564. 04. P. with costs and future interest at the rate of 6% per annum against the petitioner herein. An application to obtain the certified copies of judgement and decree was filed by the petitioner on the same very date i. e. 25. 4 1989. The copies were ready for delivery on 2. 5. 1989 having been compared and attested on the aforesaid date but the same were obtained by the petitioner on 14. 6. 1989. The appeal against the judgment and decree aforesaid was filed before the Additional District Judge Ambala on 17. 7. 1989. Had the appeal been filed on 2 6. 1989, the same would have been within limitation. Thus, the appeal was barred by a period of over 1 1/2 months. It is admitted position that the Civil Courts were closed from 16. 6. 1989 to 16. 7. 1989 but calculating it from the period when the certified copies were ready for delivery, the limitation expired prior to the commencement of the summer vacation. The petitioner obtained certified copies on 14 6. 1989 and if the period of limitation is counted from the aforesaid date, then also the limitation expired prior to summer vacations but only two days thereafter.