UNITED INDIA INSURANCE COMPANY Vs. SUBASH CHANDER GUPTA

JUDGEMENT

(1.) The Plaintiff-respondent was in appeal before the Additional District Judge, Jalandhar. There he made an application under Order 6 Rule 17, Code of Civil Procedure, for amendment of the plaint, so as to challenge an order of the Chairman-cum-Managing Director of the petitioner-Insurance Company which was allowed. The petitioner intended to challenge the said order in this Court in revision. The Additional District Judge passed the order on November 10, 1986. Application for obtaining the certified copy thereof was preferred on behalf of the petitioner on January 12, 1987. The certified copy was prepared by the copying agency on January 31, 1987. The counsel collected the copy on March 2, 1987. The revision petition was filed on March 10, 1987. The petition is delayed by 10 days.

(2.) The present is an application under section 5 of the Limitation Act for condonation of delay. On pleading the aforesaid facts, it is stated that delay in filing the petition was neither intentional nor wilful, because it was beyond the control of the petitioner as well as by the sheer negligence of the counsel appointed by the petitioner-company to obtain the certified copy. Both the grounds do not appeal to me. No reasons have been given what was beyond the control of the petition. The explanation has been given why the counsel was negligent. There is thus no reason to condone the delay. The application is dismissed.