LAWS(HPH)-2018-7-48

SMT. LEELA DEVI @ LEELAWATI Vs. SMT. GARGI DEVI

Decided On July 10, 2018
Smt. Leela Devi @ Leelawati Appellant
V/S
Smt. Gargi Devi Respondents

JUDGEMENT

(1.) By medium of this application, the applicant has sought condonation of one year, 10 months and 2 days delay that has crept up in filing of the appeal.

(2.) It is averred that the applicant is a simple village and rustic lady and during the pendency of the appeal before the learned first Appellate Court, she had engaged a counsel, who advised her not to come on each and every hearing of the case and as such the applicant remained in her house and did not come to know about the dismissal of the appeal by the learned first Appellate Court vide its judgment and decree dated 30.03.2016, until June, 2017, when her counsel informed her about the same.

(3.) It is further averred that the applicant was surprised to receive notice from the revenue agency in the month of June, 2017 when they alongwith some police and court officials came on the spot and informed that they have to demarcate the suit land. Even that time, the applicant remained under bonafide belief that the field staff had come to the spot to demarcate her land as the application submitted by her was pending disposal.