BHAGWAN SINGH Vs. SMT. JAGDISH KAUR

JUDGEMENT

(1.) THE appeal came up for hearing before the Bench on July 22, 1977, when the following order was passed.

(2.) NOW this application has been filed under Section 151 read with Order 41, Rule 3 -A, as amended of the Civil Procedure Code, praying that the delay could not legally be condoned without issuing notices to the applicant. In support of his contention, the Learned Counsel for the respondent applicant relied on sub -rule (2) of rule 3 -A of Order 41, Civil Procedure Code, which reads as under:

(3.) IN this situation we recall the order of the Bench dated July. 28.1977 by which the delay in filing the appeal was condoned.