DIDAR SINGH Vs. NIRMAL SINGH AND ORS.

JUDGEMENT

(1.) PLAINTIFF Didar Singh has filed this Regular Second Appeal against the judgment and decree dated 12.4.2002 passed by the Additional District Judge, Ambala, whereby after reversing the finding of the trial court on issue No. 1, his alternative suit for recovery of Rs. 20,000/ - with interest, has been decreed.

(2.) IN this case, the trial court decreed the suit of the plaintiff - appellant for possession of the suit land by way of specific performance of the agreement to sell dated 22.3,1990. Feeling aggrieved against the judgment and decree passed by the, trial, court, defendant No. 3 - Nirmal Singh filed an appeal before the first Appellate Court with an application for condonation of delay as the said appeal was barred by limitation of more than two years. The first Appellate Court, without deciding the said application for condonation of delay, has partly allowed the appeal. The relief of specific performance of the agreement (Ex. P1) has been declined and the alternative suit of the plaintiff -appellant for recovery of Rs. 20,000/ - with interest, has been decreed.

(3.) IN view of this admitted factual position, learned Counsel for the appellant submitted that without deciding the application for condonation of delay, the appellate Court was having no jurisdiction to entertain and decide the appeal on merits. According to the learned Counsel, the judgment and decree passed by the first Appellate Court is wholly without jurisdiction.