SUKHDEV SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) DISMISSAL of appeal against order dated 2.5.2000 of the lower court on the ground of delay rejecting the application under Section 5 of the Limitation Act, 1963 for condonation of such delay is under challenge in this revision petition.

(2.) IT is worth notice that in a suit preferred by Darshan Singh, now respondent, defendants, including Mohinder Singh (since deceased) and represented by his son Sukhdev Singh, petitioner herein, ex -parte decree was passed. Appeal was preferred against such decree by said Mohinder Singh and other defendants after more than five years with an application under Section 5 of the Limitation Act, 1963 for condonation of delay. Finding no ground for condoning the delay, the application was dismissed and sequelly, the appeal also met the same fate.

(3.) IN this revision petition, it is now claimed that against dismissal of the suit, a revision petition had wrongly been preferred and the delay in filing the appeal occurred due to wrong advice of his counsel, which should not be taken to his prejudice. It is urged that the impugned order suffers from omission to appreciate the basic principle that a party should not suffer for the fault of his lawyer.