MALWINDER SINGH Vs. KAMLESH

JUDGEMENT

(1.) DISMISSAL of application under Section 5 of the Limitation Act, 1963, for condonation of delay in filing the First Appeal vide order dated 29.05.2012, forms genesis of this revision petition.

(2.) DEFENDANT -Malwinder Singh filed the first appeal against the judgment and decree dated 13.03.2009 of the lower Court whereby suit of the plaintiff has been decreed. Application for condonation of delay had also been appended. The same was contested tooth and nail by the respondent -plaintiff. It was claimed that plea of the applicant -defendant that his counsel had not informed him about the judgment and decree passed against him and he could only know of the same on receipt of summons on 01.10.2009 in respect of execution application filed by the plaintiff, was a contrivance to cover up delay in filing the appeal.

(3.) TO decide the application following issues were framed by District Judge, Fatehgarh Sahib :