VINOD KUMAR Vs. SOHAN LAL

JUDGEMENT

(1.) CHALLENGE herein is to an order passed on 14.1.2014 in an application under Section 5 of the Limitation Act registered as CMP No. 213/12, declining thereby the prayer made by the petitioner (appellant in the lower Appellate Court) for condonation of delay, as occurred in filing the appeal against the judgment and decree dated 30.8.2012 passed by learned Civil Judge (Senior Division), Court No. II, Mandi in Civil Suit No. 83/2010.

(2.) HAVING gone through the record and hearing learned counsel on both sides, I am satisfied that the law laid down by this Court in Teju versus Bhadar and another, : AIR 1987 Himachal Pradesh 25 has been mis -interpreted and mis -construed by learned lower Appellate Court, as it has been held in this judgment that the lapse on the part of Lawyer to inform the party about the decision of the case should be viewed by taking a pragmatic approach and taking into consideration the realities of life and practical aspect of the situation. The delay in that case, therefore, was ordered to be condoned. Similar is the position in the case in hand, because it is the case of the petitioner that learned counsel representing him in the trial Court did not inform him about the decision of the suit on 30.8.2012 by the trial Court. It is only on 24.11.2012, when he contacted learned counsel came to know about the decision of the suit in favour of the respondent -plaintiff on 30.8.2012. It is thereafter, he applied for certified copy of the trial Court judgment and decree on 29.11.2012, as is apparent from the perusal of the record of the case received from the learned Appellate Court. The petitioner's case, therefore, is squarely covered under the ratio of the judgment in Teju's case supra and not supports the case of the respondent -plaintiff. Learned lower Appellate Court, however, has mis -construed and mis -interpreted the same while dismissing the application under Section 5 of the Limitation Act vide order impugned in this petition.

(3.) WITH the above observations, the petition stands disposed of, so also the pending application(s), if any.