RUPAN DEVI Vs. DALIP SINGH

JUDGEMENT

(1.) By way of this petition, filed under Article 227 of the Constitution of India, petitioner has challenged order dated 13.11.2018, passed by the Court of learned District Judge, Hamirpur, H.P. in Civil Miscellaneous Application No.260 of 2016, titled as Smt. Rupan Devi Versus Dalip Singh and another, vide which the application filed under Order 41, Rule 3-A of the Code of Civil Procedure, for condonation of delay in filing the appeal by the present petitioner stood dismissed by the learned First Appellate Court.

(2.) Brief facts necessary for the adjudication of the present petition are that a suit for declaration and permanent prohibitory injunction filed by the petitioner herein against the respondents herein, in the Court of learned Civil Judge (Junior Division), Court No.II, Hamirpur, H.P. Said Civil Suit i.e. Civil Suit No.587 of 2009, titled as Smt. Rupan Devi Versus Dalip Singh and another was dismissed by the learned trial Court vide judgment and decree dated 13.10.2015.

(3.) An appeal was filed before the First Appellate Court against the said judgment and decree on 20.09.2016 by the present petitioner alongwith an application under Order 41, Rule 3-A of the Code of Civil Procedure, praying for condonation of delay in filing the appeal, as the appeal was barred by 342 days.