RESHAM SINGH Vs. GURMAIL SINGH

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 25.7.2003 passed by the learned Addl. District Judge, Ludhiana dismissing the application moved by the petitioner under Section 5 of the Limitation Act for condonation of delay of 60 days in filing the appeal.

(2.) THE decree against the petitioner was passed on 27.3.2002 and the case of the petitioner was that he was not aware of the decree till 26.6.2002 and he came to know about this fact only when the decree-holder respondent had tried to take possession and he had to report the matter to the police. It was further case of the petitioner that he engaged Shri Banarsi Dass, Advocate to represent him along with his other co-defendant and he was given an assurance by his counsel that he would be called for hearing as and when required and thereafter no information was ever received by the petitioner. He has further alleged that even the written statement filed on his behalf was signed by the counsel and he has not signed the same. On these pleadings, the petitioner pleaded total ignorance about the passing of the decree.

(3.) IN support of his contention, the petitioner appeared in the witness box and reiterated the averments made in the application, whereas plaintiff- respondent appeared as his own witness and reiterated the stand taken in the written statement.