BARIARN SINGH Vs. AGYA RAM

JUDGEMENT

(1.) The applicant has moved this application under Section 5 of the Limitation Act for condonation of delay in filing a revision petition under Section 115 of the Code of Civil Procedure against the order dated 4-6-1999 passed by the learned Sub Judge, Dehra, Distrct Kangra, in execution petition No. 14 of 1997.

(2.) Brief facts leading to the presentation of this application are that in Civil Suit No. 127/90, learned Sub Judge, Dehra passed a decree for joint possession of land in favour of the applicant. The applicant filed execution petition dated 19-3-1997 wherein a warrant of possession as per the decree was issued and was duly executed as per report Annexure P-3, therefore, the executing Court dismissed the execution petition as fully satisfied vide order dated 4-6-1999 which is sought to be impugned by the DH himself. Since the revision petition against said order, by virtue of lapse of time has become hopelessly time barred, therefore, the present application has been moved by the applicant for condonation of delay on the grounds that under the mistaken belief that remedy in respect of possession would lie before the Director of Consolidation, he approached the Director of Consolidation but his petition was returned by the said Director on 19-2-2001. Being a rustic villager and illiterate person, the applicant did not know as to which Court could provide him remedy. It is in these circumstances that delay Court occurred in presenting the revision petition and that such delay is not wilful but occurred in the circumstances beyond the control of the applicant

(3.) The respondents contested the application and in the reply claimed that the application was not maintainable as no sufficient cause for condonation of delay has been shown.