CAPT. NARINDER SINGH Vs. MANJIT SINGH AND OTHERS

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned first Appellate Court on 27.9.2004, whereby an application for condonation of delay in filing of appeal, was dismissed and consequently, the appeal was also dismissed.

(2.) The plaintiff-petitioner filed a suit for declaration claiming the estate of one Bhagwant Singh on the basis of natural succession. The said suit was dismissed on 14.6.2003 but the appeal against the said judgment and decree was filed on 14.11.2003 along with an application for condonation of delay in filing of appeal. It was the case of the petitioner that he has gone to USA and Canada in the month of June, 2002 and returned on 7th Oct., 2003 and thereafter, he applied for copy of the judgment, which was supplied to him on 27.10.2003 and filed the appeal.

(3.) The learned first appellate Court has found that the trial Court has dismissed the suit on the ground that the petitioner has not led any evidence after framing of issues on 19.8.2002 in as much as five opportunities were availed by the plaintiff for leading of evidence but evidence was not led even after imposing of costs. The Court found that the petitioner has not produced his passport to support his averments.