ARUNA BEDI Vs. SUBHASH KAPIL AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) The appeal against the judgment and decree passed by learned District Judge, Kullu on 1.4.2009 in Civil Appeal No. 33 of 2007 is barred by a period over six years. The delay as occurred has been sought to be condoned on the grounds inter-alia that Shri J.S. Bedi, the husband of the applicant/appellant was not a party to the suit nor in the appeal in the Court of learned District Judge, Kullu and to the contrary learned lower appellate Court has ordered to recover the decretal amount i.e. Rs. 1,40,004/- from him. Said Shri J.S. Bedi had expired during the pendency of the suit in the trial Court i.e. on 8th October, 2006. Neither he nor the applicant/appellant were aware of the Civil Suit which was filed in the Court of learned Civil Judge (Senior Division), Kullu and also the appeal in the learned lower appellate Court. When the applicant came to know about the filing of the suit and also the appeal in the Court below, she applied for certified copy of the judgment and decree, under challenge in the month of June, 2015 and thereafter filed the appeal along with this application in this Court.

(3.) The application, no doubt, has been resisted and contested on behalf of the respondents/non-applicants, however, in rejoinder, the applicant/appellant has further explained the delay as occurred in filing the appeal.