LAWS(P&H)-2016-5-638

CHARANJIT KAUR Vs. BEEHAL SINGH

Decided On May 31, 2016
CHARANJIT KAUR Appellant
V/S
Beehal Singh Respondents

JUDGEMENT

(1.) Present revision petition for setting aside order dated 12.12.2013 [Annexure P/4] passed by learned Additional District Judge, Bathinda whereby application under Section 5 of the Limitation Act, 1963 filed by Beehal Singh, respondent herein for condonation of delay in filing the appeal was accepted.

(2.) Learned counsel for the respondent submitted that the respondent was not informed about passing of the decree by his counsel, only because of that the appeal could not be filed within time. Otherwise, there was no reason for the respondent not to file the appeal. Learned counsel for the respondent also submitted that it is settled proposition of law that a party should not be made to suffer because of the conduct of his counsel and the case should be decided on merits rather than dismissing it on technical grounds. More so, the main appeal is to be decided on merits. The present petition is without any merit and the same be dismissed.

(3.) In view of the above, there are no grounds for setting aside the impugned order and the present revision petition stands dismissed.