VINAY KUMAR Vs. VINOD KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order passed by the learned Additional District Judge (II), Mandi, District Mandi, H.P., on 20/7/2018 whereby he dismissed the application filed by the petitioners for condonation of delay in filing the appeal.

(2.) It was contended that the petitioners/appellants were illiterate villagers and not conversant with the provisions of law, more particularly, regarding filing of two appeals against the judgment and decree where the suit Whether the reporters of the local papers may be allowed to see the Judgment?Yes had been dismissed and the counter-claim of the defendants was allowed. It was only after consultation with the Counsel at Shimla that an application under Sec. 5 of the Limitation Act came to be filed as per his advice.

(3.) The respondents contested the application by filing reply wherein preliminary objection regarding application being not maintainable was raised. On merits, it was contended r that ignorance of law is not excusable and, therefore, no benefit on the basis of such excuse can be obtained by the petitioners.