SMT. DIPO Vs. WASSAN SINGH AND OTHER

JUDGEMENT

(1.) THIS second appeal must fail on the ground of limitation. The reason, why it fails, may now be stated ;

(2.) THE Plaintiff suit was decreed partially by the trial Court on the 27th of April, 1962. Both the parties appealed to the District Judge, Amritsar and the learned Additional District Judge rejected both the appeal. Smt. Dipo who was dissatisfied with the ultimate decision of the learned Additional District Judge moved an application under order 44 Rule 1, Code of Civil Procedure for leave to appeal in forma pauperis to this Court This application was moved on the 23rd of January, 1963(sic) Along with the memorandum of appeal accompanying the application , under Order 44, Rule 1, Code of Civil Procedure Code, the judgment of the trial Court was not filed ; and for that reason ; the office returned the application. This application was refiled on the 5th of April, 1963, long after the period of limitation had expired. In the meantime, the applicant had moved an application for the copy of the trial Courts judgment on the 9th of January, 1963. This copy was prepared and attested on the 15th of February, 1963 And if soon after the copy had been attached to the memorandum of appeal filed with the application under Order 44, Rule 1, Code of Civil Procedure Code, possibly there would be justification to treat the application within limitation. But unfortunately, this was not done. On the other hand, the copy was filed on the 5th of April, 1963. There is no justifiable cause for condoning the delay between the 15th of February and the 15th of April, 1963 - Therefore, no case has beer made out for the exercise of my discretion under Section 5 of the Limitation Act.

(3.) MR . D.N. Aggarwal, learned Counsel for the Appellant, then contended that I should given him time to make good the deficiency in Court -fee. That question could only arise if there was a legal and valid application under Order 44. Rule 1. But there is no such application. The question of exercising of the discretion under Section 149, Code of Civil Procedure Code, to make good the Court -fee does not arise. Thus this contention must also fail.