PREM CHAND Vs. PUSHPINDER KUMAR

JUDGEMENT

(1.) THIS revision petition has been preferred by the applicants, who were the appellants before the learned Appellate Court, against the order dated 7.11.2003 passed by the learned District Judge, Hamirpur, refusing to condone delay in filing application for restoration of the appeal.

(2.) AN application under Order 41 Rule 19 read with Section 151 of the Code of Civil Procedure for re-admission of the appeal dismissed in default on 25.10.1999 was filed by the petitioner before the learned District Judge, Hamirpur.

(3.) LEARNED Court below, after detailed discussion, held that the application for restoration of the appeal had been filed after a period of more than 11 months which was beyond the prescribed period of limitation of 30 days. In the totality of the circumstances, it was held that the application was barred by limitation and there was no justifiable reason to condone delay.