BACHAN KAUR Vs. NIRANJAN SINGH

JUDGEMENT

(1.) A collusive suit filed by the petitioner against the respondents was decreed by judgment and decree dated 19.1.1990. Defendants- respondents moved an application under section 152 read with section 151 of the Code of Civil Procedure for seeking certain corrections in the judgment and decree passed against them. The trial court considered the matter and by its order dated 24.12.1991 allowed the application. Consequently certain corrections were ordered to be made in the judgment and decree. Aggrieved by the order dated 24.12.1991 of the trial court, the plaintiff-petitioner has filed this revision on 2.3.1995. Since the revision was barred by time, Civil Misc.9388/C.II of 1995, under section 5 of the Limitation Act has also been filed for condonation of delay.

(2.) On notice of the application having been issued, respondents 1, 3, 5 to 7 and 10 have put in appearance.

(3.) Admittedly, there is a delay of 2 years 11 months and 4 days in filing the revision. The only reason for the delay stated in the application is that the petitioner engaged Mr. Ram Rang, Advocate, in the last week of January 1992 for filing the revision in this Court, and she was told by the said Advocate that as and when the revision is decided, information in that behalf would be sent to her. The petitioner wrote a number of letters to Mr. Ram Rang, Advocate, to know the fate of her case but she did not get any response from him and ultimately when in the last week of January 1995, the petitioner visited Chandigarh, she came to know that Sh. Ram Rang, Advocate, had already died in the year 1994. Consequently, the petitioner engaged Mr. Kamal Sharma, Advocate for filing the revision. The application has been stoutly opposed by the respondents by filing a reply.