SURINDER VERMA Vs. SANTOSH SINGHAL AND ORS.

JUDGEMENT

(1.) The petitioner -defendant is aggrieved of the order dated 8.7.2015, whereby, the appeal filed against the judgment and decree dated 21.10.2014 passed in the suit for ejectment has been dismissed on the ground of limitation, being barred by 105 days. Mr. Sandeep Gupta, learned counsel for the petitioner submits that the delay had occurred for the reasons stated in the application that certified copy of the judgment and decree dated 21.10.2014 was applied on the same date which was prepared on 11.11.2014 and delivered on 12.11.2014. However, the certified copy of the order and documents were handed over to Sh. Jeevan Singh Saini, Advocate, who was engaged to file the appeal, but the brief of the case was misplaced and in these circumstances, delay of 105 days has occurred.

(2.) Mr. M.K. Singla, learned counsel for the respondents submits that application was not supported by an affidavit of advocate and no sufficient reasons were given in seeking condonation of delay, thus, in these circumstances, application has been dismissed by the lower Appellate Court.

(3.) I have heard learned counsel for the parties and appraised the paper book.