ASHA DEVI Vs. SHYAM SUNDER ALIAS SHAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.10.2012 passed by District Judge, Kullu in CMP No.71/12 titled Asha Devi and others Vs. Shyam Sunder and others.

(2.) "Key facts" necessary for the adjudication of this petition are that petitioners feeling aggrieved by the judgment and decree dated 6.8.2007 passed by the Civil Judge, Kullu in Civil Suit No.38 of 2005 preferred Civil Appeal before the District Judge, Kullu. The appeal was barred by limitation. An application under section 5 of the Limitation Act for condonation of delay in filing the appeal was filed alongwith appeal. The application was dismissed in default on 16.2.2011. Petitioners had engaged one Sh. Hemant Kumar Thakur, Advocate as their counsel. They were told by him that their presence was not required. He had also assured them that he would inform them about the result of the case. They were informed about the next date of hearing, i.e. 29.9.2011. They visited the court on 29.9.2011. However, the case was not called. They approached the Reader of the Court and on inquiry they came to know on 25.11.2011 that the application under section 5 of the Limitation Act was already dismissed on 16.2.2011. The certified copy of order dated 16.2.2011 was applied on 29.11.2011. It was supplied to them on 12.12.2011. Thereafter, one of the petitioners Asha Devi fell ill on 18.1.2012 and remained ill till 24.1.2012. On 25.1.2012, petitioners contacted their counsel at Kullu.

(3.) Mr. Y.P. Sood has vehemently argued that there is sufficient cause for condonation of delay in filing the application. He then contended that litigant cannot be made to suffer due to mistake of the counsel. He lastly contended that one of the petitioners Asha Devi had fallen ill.