BIMLA DEVI Vs. FAQUIR SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by Smt. Bimla Devi defendant against the judgments and decrees of the courts below, whereby the suit filed by the plaintiff was decreed by the Trial Court and the appeal filed by defendant Smt. Bimla Devi was dismissed by the learned Additional District Judge.

(2.) SINCE the present appeal was barred by time, an application under 5 of the Limitation Act has been filed seeking condonation of 973 days delay in filing the appeal. The application is accompanied by the Affidavit of Smt. Bimla Devi appellant. Notice of this application was given to the plaintiff- respondent.

(3.) A perusal of the record would show that Smt. Bimla Devi defendant was a resident of Jagadhri. The Courts were at Jagadhri and the counsel was also at Jagadhri. That being so, nothing prevented the appellant from contacting her counsel to enquire about the fate of the appeal. The learned Additional District Judge had decided the appeal on 13.3.2001, whereas the present appeal has been filed in this court on 3.12.2003. In my opinion, the allegations made in the application would not constitute sufficient cause for condoning the delay of 2 years and 243 days in filing the appeal.