VIDYA KAUR Vs. DALIP SINGH

JUDGEMENT

(1.) THIS is defendant's second appeal directed against the judgment and decree of the first appellate Court whereby appeal filed by them has been dismissed being barred by time and consequently, decree passed by the trial Court has been affirmed

(2.) IN brief, the facts are that plaintiffs (respondents herein) filed suit for declaration with permanent injunction as a consequential relief regarding the suit land against the defendants. Suit on contest, was decreed. Defendants preferred an appeal within the period of limitation but instead of filing the appeal with the District Judge, Hoshiarpur, with whom the-appeal lay, the appeal was filed with the Senior Sub Judge, Hoshiarpui having enhanced appellate powers. On finding that his Court was not competent to hear the appeal beyond the pecuniary jurisdiction of Rs. 250.00, the Senior Sub Judge returned the appeal for presentation before a Court of competent jurisdiction. It is the case of the defendants that the appeal was then presented to the District Judge, without any delay, alongwith an application under Sections and 14of the Limitation Act for excluding the period the defendant had been prosecuting the appeal with due diligence before the Senior Sub Judge. The learned Additional District Judge vide judgment dated 12. 3. 1979 dismissed the application filed under Sections 5 and 14 of the Limitation Act and consequently, dismissed the appeal being barred by-time. Hence, the second appeal by the defendants.

(3.) DEFENDANTS through their counsel are directed to appear before the District Judge, Hoshiarpur, on 15. 10. 1997.