LAWS(P&H)-2003-2-70

LAJO DEVI Vs. OM WATI

Decided On February 28, 2003
Lajo Devi Appellant
V/S
OM WATI Respondents

JUDGEMENT

(1.) THE present revision has been filed against the order dated 25.9.02 passed by learned District Judge, Jagadhari, vide which the appeal filed by the petitioner was dismissed on the ground of limitation.

(2.) A perusal of the facts shows that an appeal was filed before the District Judge, Yamunagar at Jagadhari against the judgment dated 21.2.2000, passed by Civil Judge (Jr. Divn.), Jagadhari. There was a delay of 65 days in filing the appeal. An application was filed with regard to condonation of delay by the petitioner and it was stated therein that the petitioner is an old lady of 65 years who was not keeping a good health. Therefore, the appeal could not be filed in time. However, a certificate of the doctor was also appended along with the application.

(3.) ON the other hand learned counsel for the respondent states that no sufficient cause has been shown by the petitioner owing to which the delay in filing the appeal could be condoned. The medical certificate is issued by a Registered Medical Petitioner and no record was shown before the appellate Court so as to make out the case for it.