VIJAY KUMAR Vs. BALDEV CHAND AND OTHERS

JUDGEMENT

(1.) This revision is directed against order dated 9.6.2011 passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr in Civil Misc. Petition No. 126 of 2008 refusing to condone the delay in filing appeal against judgment, decree dated 12.4.207 passed by learned Civil Judge (Senior Division), Karsog, Camp at Ani in Civil Suit No. 29-1 of 2005.

(2.) The facts in brief are that the petitioner was plaintiff in Civil Suit No. 29-1 of 2005 which was decided on 12.4.2007. The applicant/ plaintiff was represented by R.M.Gupta, Advocate. In the application it has been stated that the petitioner was told that since there was no regular Court at Ani, therefore, the suit would proceed slowly. The petitioner many times tried to ascertain the status of the case from his counsel in the trial Court.

(3.) On 17.9.2006 the petitioner met with an accident and was proceeded on medical leave for two months. In June, 2007 the petitioner sent his son-in-law to ascertain the status of the suit from the Advocate. The son-in-law paid Rs.Rs. 2,000/- balance fee of the Advocate. The sonin-law was informed that status of the case would be intimated lateon.