PARTAP CHAND Vs. NASIBO DEVI

JUDGEMENT

(1.) IN this petition, filed under Article 227 of the Constitution of India, petitioner Partap Chand, who is the defendant before the Court below, has assailed the order dated 10.3.2008, passed by Additional District Judge (1), Kangra at Dharamshala, Himachal Pradesh, in CMA No. 5 -P/05, titled as Pratap Chand v. Nasivo Devi, whereby application filed under the provisions of Section 5 of the Limitation Act, seeking condonation of delay in filing the appeal, stands dismissed.

(2.) PLAINTIFF Nasibo Devi (respondent herein) filed a suit for declaration with consequential relief of permanent prohibitory injunction against defendant Partap Chand. The challenge was with regard to Will dated 20.9.2000, executed by Chuhru in favour of Pratap Chand. Significantly, in the said proceedings, despite service, defendant chose not to contest and as such was proceeded ex -parte. Trial Court, based on the evidence, so led by the plaintiff, decreed the suit as under:

(3.) DELAY of 31/2 years is substantial. Having heard learned counsel for the parties and perused the material so made available during the course of hearing, in my considered view, delay remains unexplained.