LAWS(J&K)-2000-7-25

MOHAN LAL Vs. CUSTODIAN GENERAL

Decided On July 06, 2000
MOHAN LAL Appellant
V/S
CUSTODIAN GENERAL Respondents

JUDGEMENT

(1.) THIS is a CMP filed interms of Section 5 of the Limitation Act for condonation of delay of 210 days delay caused in filing the appeal.

(2.) COURT had issued notice on 07 -04 -2000. Registry issued notice through registered post. No body turned up even after such issuance of notice and more than 30 days from the date of issue of the notice have elapsed. As such on the strength of noting of the registry, we presume that respondents were served. This is how we heard learned counsel for the petitioner in exparte. For purpose of bringing the whole position of facts pleaded to the notice of those who may read this order, we deem it appropriate to produce the averments made in the application in to as under: -

(3.) A perusal of the above reproduced CMP shows that the appellants -applicants came to know of the judgment in the first week of March, 2000. The judgment had been passed on 30 -06 -1999. Why did petitioners not have the knowledge of the judgment in time is not explained. They moved an application for issuance of certified copy on 08 -03 -2000.