JOGA SINGH Vs. SAT PAL SINGH

JUDGEMENT

(1.) AT the time of filing of this R.S.A. against the judgment and decree dated 29.1.2010 of Additional District Judge, Kurukshetra, Joga Singh, applicant -appellant had moved an application, bearing Civil Misc. No.10794 -C of 2011, under Section 5 of the Limitation Act for condonation of delay of 481 days in filing the appeal. It is claimed that the appellant is a driver by profession and is not an educated person and, thus, he could not understand the communication of his counsel in the first Appellate Court about the decision of his first appeal. It was only on 18.8.2011 that the appellant was informed by the revenue officials that the possession of the land in dispute is to be delivered to respondent Sat Pal Singh, that he came to know about the dismissal of his appeal on 29.1.2010.

(2.) THIS application has been strongly contested by the respondent, claiming that there is no bona fide ground or excuse available with the applicant -appellant and the application for condonation of delay is merely a camouflage to further delay and dilate the matter.

(3.) HEARING has been provided to learned counsel for the parties.