RATTANJIT SINGH Vs. MADAN MOHAN SINGH

JUDGEMENT

(1.) This civil revision petition under Section US C.P.C. is directed against judgment dated 24.11.1995 passed by Sub Judge 1st Class (1), Shimla whereby application of respondent No. 1 and Ms. Simarjit Kaur was allowed and their suit was restored, which was dismissed in default on 14.12.1981.

(2.) Brief facts are that an application for restoration under Section 151 C.P.C. was filed on 17.3.1982, which was opposed by the petitioner -defendant, inter alia, on the ground that it was hopelessly barred by limitation and liable to be dismissed. In view of this, the respondent - plaintiff filed application under Section 5 of the Limitation Act for condonation of delay for making the application for restoration, which was dismissed by the then Sub Judge 1st class (2), Shimla on 29.11.1983 holding that the respondent -plaintiff failed to prove any sufficient cause for having filed the application for restoration of the suit after expiry of period of limitation. The judgment of Sub Judge 1st Class (2), Shimla was set aside by Additional District Judge (2), Shimla by his judgment dated 1.8.1986 in the appeal filed by the respondent -plaintiff allowing the application under Section 5 of the Limitation Act holding that on coming to know on 15.3.1982 that his suit stood dismissed on 14.12.1981 the respondent - plaintiff inspected the record on next date i.e. 16.3.1982 and thereafter filed application for restoration on 17.3.1982. Additional District Judge (2), Shimla to decide the application for restoration of the suit on merits.

(3.) Thereafter, on receipt of the case, Sub Judge 1st Class, Shimla proceeded to frame following issues on 12.8.1991: -