INDERJIT SINGH Vs. ONKAR SINGH

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure (hereafter referred to as 'the Code') is directed against the order dated 16/6/2000 passed by the learned District Judge, Kangr at Dharamshala whereby an application of th petitioners under Section 5 of the Limitation Act for condonation of delay in filing the ap. peal has been dismissed.

(2.) The material and undisputed facts are that the respondent instituted a suit for pos session of a shop measuring 18 x 8 with a verandah situate in Jassur. Tehsil Nurpur, Dis trict Kangra for eviction of the petitioners on the grounds of sub-letting and arrears of rent The learned Sub Judge (II). Nurpur decreed th suit vide his judgment dated 13.5.1997. After more than one-and-a-half years, the petitioners preferred an appeal aganist the said judgment and decree along with a application under Section 5 of the Lirnination Act (hereafte referred to as 'the Act') for codonatoin of dele in filling the appeal. The application under Sec tion 5 of the Act was resisted by the respond ent and the learned District judge framed the following issues : "1. Whether there is sufficient caus to condone the delay in filing the appeal? OPA 2. Relief".

(3.) The petitioners led evidence. On the basis of the material on record the learned District Judge decided issue No. 1 against the petitioners and accordingly dismissed the application for condonation of delay. Hence, the present revision petition.