BALBIR SINGH Vs. TARA SINGH

JUDGEMENT

(1.) THE defendants-petitioners have filed this revision petition for setting aside the order dated 2.9.2003 passed by the Additional District Judge, Kapurthala dismissing the application filed by the petitioners under Section 5 of the Limitation Act for condoning 58 days delay in filing the appeal and also consequently dismissing the appeal being barred by limitation.

(2.) IN this case, the plaintiff-respondent filed a suit for permanent injunction restraining the defendants from interfering into the peaceful possession of the plaintiff and from forcibly dispossessing him from the land in question measuring 8 kanals situated in village Sabuwal, Tehsil Sultanpur Lodhi, District Kapurthala. Vide judgment and decree dated May 5, 1998 the said suit was decreed and the defendants-petitioners were restrained from interfering in the possession of the land in question except in due course of law.

(3.) THE first Appellate Court framed the issue on the said application to the effect whether there was good and sufficient ground to condone the delay in filing the appeal. After considering the evidence led by the parties on that issue, the Appellate Court dismissed the application after observing that no sufficient ground for condoning the delay has been made out.