HARDEV SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) On a request made by the learned Counsel for the petitioner at the outset, the present revision petition is treated to be a petition filed under Article 227 of the Constitution of India.

(2.) The plaintiff is petitioner before this Court. He is aggrieved against the order dated January 23, 1990 passed by the Additional District Judge, Bathinda whereby an appeal filed by the plaintiff petitioner has been dismissed as barred by limitation.

(3.) The plaintiff-petitioner alongwith one Gurmail Kaur (sister) had filed a suit for possession. The said suit was dismissed by the trial Court vide a judgment and decree dated January 14, 1988. The plaintiff Hardev Singh filed an appeal before the appellate Court. The said appeal was barred by limitation. There was a delay of 2-1/2 months in filing the aforesaid appeal. Consequently, an application under Section 5 of the Limitation Act was also filed by the plaintiff seeking condonation of delay.