ANIL KUMARI Vs. TEJASWI ALIAS YASHPAL

JUDGEMENT

(1.) Aggrieved by the order passed by the learned District Judge, whereby he rejected the application filed for condonation of delay in filing of the appeal, the petitioner has filed the instant petition.

(2.) Brief facts giving rise to the present petition are that the petitioner was arrayed as one of the defendants in the civil suit registered as C.S. No. 59/2011 and ex parte decree was passed against her. The decree holder/respondent No.1 then filed Whether the reporters of the local papers may be allowed to see the Judgment? Yes an execution petition and even in those proceedings, the petitioner was not served. However, the petitioner claims to have acquired knowledge regarding passing of the decree in the first week of June, 2019 and immediately thereafter filed an appeal assailing the ex parte judgment and decree, dated 31.10.2012, that has been passed by the learned Civil Judge (Jr. Div.) Dalhousie, District Chamba in the aforesaid suit. Since the appeal was time barred, therefore, a separate application under Section 5 of the Limitation Act was also filed along with the appeal. In the application, it was specifically stated that the petitioner was a married lady and after her marriage, she was residing with her husband at Jallandhar and not in District Chamba. It is further stated that she had not received any summons by way of ordinary process as well as registered post and respondent No.1 had wrongly got the service effected on her through publication.

(3.) The learned first appellate court vide order dated 1.8.2019 dismissed the application holding that the petitioner was well aware of the suit and yet she did not choose to appear, therefore, ex parte proceedings against her had rightly been carried out by the learned trial court.