PARKASH SINGH Vs. CHHIODO

JUDGEMENT

(1.) This revision is directed against the order dated 18.2.1999 passed by the Additional District Judge, Gurdaspur vide which he has declined to condone the delay under Section 5 of the Limitation Act in filing the Civil Appeal against the judgment and decree of the trial Court passed on 3.3.1994. The appellant in this application seeking condonation of delay took the ground that he had left his village for Delhi to see his relative in the last week of February, 1994 where he fell ill and could not attend the Court on the date fixed. He alleged that he returned from Delhi on 4.4.1994 and met his counsel on 6.4.1994 when he learnt about the judgment and. decree passed by the trial Court and applied for obtaining certified copies of the judgment and decree on 29.4.1994 and the appeal was filed on the very next day. The date of institution is, however, mentioned in the order as 3.5.1994. Notices of the application were issued to the respondents who contested the claim of the appellant and denied the averments made in the application for seeking condonation of delay. On these pleadings of the parties the learned Additional District Judge Gurdaspur framed the following issues:

(2.) Petitioner Parkash Singh entered the witness box as AW-1 while respondent Parsin Kaur appeared as RW-1 and parties closed their evidence. After hearing the learned counsel for the parties the learned Additional District Judge recorded his findings against the appellant and held that the appellant failed to show sufficient grounds for condonation of delay. In view of the findings recorded on Issue No. 1 the appeal was dismissed as being bared by limitation.

(3.) Feeling aggrieved against the order passed by the learned Additional District Judge, Gurdaspur, this revision has been filed.