MAGJI RAM Vs. PIAR CHAND

JUDGEMENT

(1.) THIS revision petition has been filed by defendant ­ petitioner Magji Ram against the order dated 1.6.2004 passed by the Additional District Judge, whereby the application under Section 5 of the Limitation Act filed by the petitioner was dismissed and the appeal was also dismissed as barred by time.

(2.) THE facts which are relevant for the decision of the present petition are that Jagdish Ram, plaintiff, had filed a suit for possession against three defendants, namely Magji, Galara and Megh Raj sons of Khazana Ram. The said suit was decreed ex parte, vide judgment and decree dated 20.1.2000. Aggrieved against the same, defendant No.1 Magji Ram had filed an appeal. Since the said appeal was barred by limitation, an application under Section 5 of the Limitation Act was filed, seeking condonation of delay in filing the appeal.

(3.) NOTICE was ordered to be issued to the respondents and the records were also requisitioned.