PUSHINDER KAUR Vs. KISHAN KAPUR

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 13.07.2005, passed by the learned Presiding Officer (Additional District & Sessions Judge), Fast Track Court, Kangra at Dharamshala, H.P. in Civil Appeal No. 141-D/04/01. Material facts necessary for adjudication of this Regular Second Appeal, are that the respondents-plaintiffs (hereinafter referred to as "the plaintiffs" for convenience sake) had instituted a suit for possession. The suit was contested by the appellants-defendants (hereinafter referred to as "the defendants" for brevity sake).

(2.) Defendants No. 1 to 3 have filed a joint written statement. Defendant, namely, Shri Balbir Singh was proceeded ex parte. Defendant No. 5 has filed separate written statement. Replications were filed by the plaintiffs to the written statements filed by defendants No. 1 to 3 and 5. The issues were framed by the learned Sub Judge-I, Dharamshala on 27.03.1989. He decreed the suit on 11.05.2000. Thereafter, one of the defendants, namely, Mohan Singh has filed an appeal before the learned Presiding Officer (Additional District & Sessions Judge), Fast Track Court, Kangra at Dharamshala, H.P. on 07.08.2001. The same was dismissed by the learned first appellate Court being time barred on 13.07.2005. Hence, this Regular Second Appeal.

(3.) Mr. R.K. Gautam, learned Senior Advocate has vehemently argued that the finding recorded by the 1st Appellate Court that the appeal was time barred is contrary to the record. According to him, the appeal has been filed within the period of limitation after deducting the period spent for collecting the certified copy of the judgment of the trial Court dated 11.05.2000.