GHULAM MOHAMMAD MATTA Vs. MOHAMMAD SHAFI MAKROO

JUDGEMENT

(1.) This is a revision petition filed against the judgment and decree dated 6 th November, 2018, passed by the learned Additional District Judge, Srinagar, whereby the court has allowed the application seeking condonation of delay in filing the 1st appeal against an ex-parte judgement and decree for eviction passed in favour of the revision petitioner herein. The court below, by virtue of the judgment and order impugned, has condoned the delay of approximately one year and sixty days. Briefly stated material facts are as under: -

(2.) A suit for eviction came to be filed by the petitioner herein in the court of learned Munsiff, Srinagar, for eviction of the defendant/respondent herein. Mr. Imtiyaz Sofi, was a counsel engaged by the defendant/respondent initially. Whereafter, it is stated, that Mr. Tasaduq Hussain Khawja, was engaged as a counsel by the defendant in the said suit. It appears that an ex-parte decree was passed by the trial court on 31st October, 2012 and subsequently on 8th April, 2013, an appeal along with application seeking condonation of delay came to be preferred by the respondent herein before the court of Additional District Judge, Srinagar. The application filed by the appellant/respondent herein was allowed. Hence the present revision petition.

(3.) Counsel for the petitioner assailed the order impugned on the ground that the view expressed by the appellate court in condoning the delay was totally perverse in law. It was vehemently urged that there was no justifiable reason with the appellate court to condone the delay especially when neither the application nor the evidence which was produced in support thereof justified such an order.