RAMESH TRADING COMNPANY Vs. JIT SINGH

JUDGEMENT

(1.) Prayer in the present application preferred under Sec. 5 of the Limitation Act read with Sec. 151 CPC is for condonation of delay of 2471 days in filing the present appeal.

(2.) It has been averred in the application that the applicantappellant was under the impression that its appeal filed before the First Appellate Court i.e. Addl. District Judge, Patiala was under adjudication. It has been averred that when inquiry was made from counsel representing the applicant-appellant before the First Appellate Court, it came to the notice of the applicant-appellant that the appeal had been dismissed in November, 2012. Thereafter, the applicant-appellant applied for a copy of the judgment. It has been averred that there was no occasion for the applicant-appellant to not to pursue the case intentionally since financial liability was involved in the suit. It has been averred that the appeal could not be filed within the period of limitation on account of bonafide reasons. It has also been averred that the delay in filing of the appeal is neither wilful nor intentional.

(3.) Learned counsel for the applicant-appellant has submitted that the delay in filing of the appeal is not intentional but was on account of the reasons beyond control of the applicant-appellant. It has been submitted that the applicant-appellant has a good case on merits and, therefore, the delay of 2471 days in filing the appeal deserves to be condoned and the appeal deserves to be heard on merits.