RAMDESH MANJHI Vs. UMA DEVI KEDIA

JUDGEMENT

(1.) I.A. No. 3072 of 2004 has been filed on behalf of the appellant for condoning the delay in the filing of the Second Appeal. Against the impugned judgment and decree of the lower appellate court dated 26.9.2003, the instant Second Appeal had been filed on 6.1.2004, although according to the stamp report the period of limitation expired on 3.1.2004. Hence, there is a delay of about three days. Considering the averments made by the learned counsel for the appellant and the statements made in the interlocutory application, the same is allowed and the delay in the filing of the Second Appeal is condoned.

(2.) Heard learned counsel for the appellant and learned counsel for the respondent.

(3.) This appeal has been filed by the tenant-defendant against the judgment of affirmance passed by the lower appellate court.