KAMAL DEV Vs. MANI RAM AND ORS.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT -defendant filed an appeal before the District Judge, against the judgment and decree of the learned trial Court, dated 11.6.1996. Appeal was filed on 30.10.1996. In the Memorandum of Appeal, it was stated that after deducting time spent on procuring certified copies of judgment and decree, appeal was within time. Learned first appellate Court found that application for supply of copies was moved on 12.6.1996, copies were ready for delivery on 22.7.1996, but the appellant -defendant took the delivery of the same on 18.10.1996, and offered no explanation for delay in taking delivery of copies. Consequently, appeal has been dismissed, as time barred. Oral request made by the appellant -defendant for condoning the delay, was turned down, with the finding that sufficient cause had not been shown.

(3.) I have heard the learned Counsel for the parties.