BCH ELECTRICS LTD Vs. SHREENATH ENTERPRISES & ANR

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner against the order dated 23.03.2016 passed by the Addl. District Judge, Faridabad whereby appeal filed by the petitioner against the order dated 27.02.2015 passed by the Civil Judge (Jr. Divn.) Faridabad was dismissed along with application under Section 5 of the Limitation Act (hereinafter to be referred to as 'the Act').

(2.) Brief facts are that vide order dated 08.05.2016, the petitioner was proceeded against ex parte before the trial Court in a suit for recovery filed by the plaintiff/respondent. Ultimately suit was decreed ex parte vide judgment and decree dated 10.11.2008 passed by the Addl. Civil Judge (Sr. Divn.) Faridabad. An application filed under Order 9 Rule 13 CPC by the judgment-debtor/petitioner on 31.03.2009 was dismissed by the trial Court on 27.02.2015.

(3.) An appeal was preferred before the lower Appellate Court on 12.05.2015 along with application for condonation of delay. According to the applicant/petitioner there was delay of 17 days in filing the appeal. The lower Appellate Court assessed the delay to be of 36 days in filing the appeal and observed that the applicant/petitioner has not given any explanation about the delay in mentioning the delay of 17 days in place of 36 days except the plea of typographical mistake taken during course of argument. The lower Appellate Court did not consider the ground mentioned by the applicant-petitioner for condonation of delay and dismissed the application under Section 5 of the Act and as a consequence thereof the appeal was also dismissed vide judgment dated 23.03.2016.