HARBANS SINGH Vs. KULDEEP KAUR

JUDGEMENT

(1.) Petitioner has challenged the order dated 16.04.2018 passed by the Addl. District Judge, Rupnagar, vide which the application for condonation of delay of 15 days in filing the first appeal before the lower Appellate Court was dismissed and as a consequence of that the appeal was also dismissed.

(2.) The appeal was filed by the petitioner against the judgment and decree dated 16.11.2016 passed by the Civil Judge (Junior Division) Rupnagar, whereby the suit of the plaintiff/respondent was decreed with costs.

(3.) Perusal of the impugned order would show that the petitioner was directed to lead evidence on the application for condonation of delay and thereafter was granted last opportunity to lead evidence. On 26.03.2018, learned counsel for the petitioner made a statement that he will conclude the entire evidence on the next date of hearing, failing which the evidence be closed by order. Since no evidence was led, therefore, in view of statement made by learned counsel for the petitioner, the evidence was closed and consequently the application for condonation of delay was also dismissed.