SATISH Vs. DHANI RAM

JUDGEMENT

(1.) CMP (M) No. 365 of 2010 Appellants-applicants have filed application under section 5 of the Limitation Act for condonation of delay in filing the appeal against the judgment and decree passed by the learned Additional District Judge, Mandi camp at Karsog in civil appeal No. 23 of 2006 dated 11.6.2008.

(2.) The judgment passed by the learned Additional District Judge, Mandi camp at Karsog is dated 11.6.2008. Present Regular Second Appeal has been filed on 24.4.2010. It is barred by 1 year 7 months and 5 days.

(3.) According to the applicants, Rasila Devi, one of the appellants before the Additional District Judge, came to Shimla in the last week of July, 2008 and contacted Advocate to file the Regular Second Appeal. The Advocate asked Rasila Devi to bring the entire file. Thereafter, Rasile Devi went back and fell ill. She died on 7.1.2010. She had kept the file in the trunk. The applicants came to know when, on the basis of the judgment passed by the Additional District Judge; the revenue agency was going to attest the mutation in favour of non-applicants. They opened the trunk and 3 traced the entire file. Thereafter, they came to Shimla and took away the brief from the Advocate, who was earlier engaged by Smt. Rasila Devi, on 22.4.2010. Thereafter, Sh. R.R. Rahi was engaged as counsel and he filed the appeal on 24.4.2010.