INDIRA DEVI Vs. SURENDER GUPTA

JUDGEMENT

(1.) Petitioner has assailed, by means of the present appeal order dated 18.2.2010 of Fast Track Court, Mandi whereby her application under Section 5 of Limitation Act for condonation of delay in filing appeal, against ex-parte decree, stands dismissed.

(2.) Suit was filed by respondent Surender Gupta, against the petitioner in the year 2000. Petitioner was represented by a counsel named Sh. R.D. Chaudhary. It appears that respondent did not file written statement and availed of several opportunities, spreading over a period of one year. Petitioner counsel also did not appear on one date and therefore order of ex-parte proceedings was passed. This order was passed on 10th August 2001. An application under Order 9 Rule 7 C.P.C. was moved by the appellant for setting aside order of ex-parte proceedings aforesaid. That application was dismissed on 26th September, 2002.

(3.) Ultimately, an ex-parte decree was passed against the petitioner and in favour of the respondent on 11.9.2007. Petitioner filed an appeal challenging that ex-parte decree on 21st February, 2008. She also filed an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. In the application, it was stated that the petitioner came to know about the passing of the impugned ex-parte decree on 16th of February, 2008 when her Mali Bhupinder Kumar visited her and informed that the respondents. were not allowing him to do work on the suit property and that when he (Mali) asked them why they were interupting, they told that the respondents had filed a suit, against the petitioner/ defendant which stood decreed It was further stated in the application that thereafter the petitioner contacted her lawyer and appeal was filed.