BHAGO Vs. KASHMIRO

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16.09.1991 passed by the learned District Judge, Amritsar dismissing an application moved by the petitioner under Section 5 of the Limitation Act for condoning the delay in filing the appeal.

(2.) THE case set up by the petitioner was that the judgment and decree appealed against was passed on 31st October, 1988 and the petitioner applied for a certified copy immediately, thereafter i.e, on 2nd November, 1988. The copy was prepared on 8th December, 1988. However, the petitioner could not file the appeal within the stipulated period due to the prevailing circumstances in the State at that particular time especially in view of the threat of life given to the petitioner. The petitioners set up a positive case that due to the threat of terrorists they could not move to Amritsar, to file an appeal and this was on account of fear in the mind of the petitioners that the appeal could not be filed within the prescribed period of limitation.

(3.) THE learned counsel for the petitioners contends that the order passed by the learned District Judge cannot be sustained in view of the law laid down by the Hon'ble Supreme Court in the case of M.K. Prasad v. P. Arumugam, 2001(4) RCR(Civil) 87 : 2001(2) PLJ 315, wherein the Hon'ble Supreme Court was pleased to hold as under :-