KRISHAN CHAND Vs. KAMLA DEVI AND ANOTHER

JUDGEMENT

(1.) This petition is instituted against the order dated 8.5.2015 rendered by the District Judge, Solan in CMA No. 309-S/6 of 2013.

(2.) "Key facts" necessary for the adjudication of this petition are that petitioner had instituted a suit for recovery of Rs. 77,000/- against the respondents. Learned trial court dismissed the suit vide judgment and decree dated 30.3.2013. Petitioner filed an appeal before the learned District Judge, Solan alongwith an application under section 5 of the Limitation Act. The District Judge dismissed the application on 8.5.2015. Hence, the present petition.

(3.) According to the grounds taken in the application filed under section 5 of the Limitation Act, the copies of judgment and decree passed by the trial court though supplied to him were misplaced. Petitioner remained under bona fide belief that he has handed over the judgment and decree to his counsel, but his counsel told him that the same were not handed over to him. Thereafter, petitioner again applied for the copies of judgment and decree through his counsel on 24.7.2013. The copies were supplied to him on 1.8.2013.