SUPERINTENDENT ENGINEER Vs. GH QADIR HAZAR

JUDGEMENT

(1.) RESPONDENT No. 1 filed civil original suit for permanent injunction to restrain the defendant -Revision petitioner and other two respondents, from disturbing the possession of plaintiff of shop No. 9 at Nalla -Mar Road. Kadikadal, Srinagar. After the defendants foiled to appear, they were set ex -parte followed by judgment and decreeing of the suit on 16 -12 -1994 in ex -parte by City Munsiff, Srinagar. An appeal was preferred against this ex -parte judgement and decree, alongwith application for condonation of delay. The application for condonation of delay was dismissed on 31 -05 -1997. as foretiorari, leading to dismissal of the main appeal. This dismissal order is impugned in this revision petition.

(2.) HEARD .

(3.) IT is conceded by the counsel for the parties that against the impugned ex -parte judgment and decree dated: 16 -12 -1994 appeal with condonation of delay application was preferred on 05 -09 -1995. The delay was prayed to be condoned on the pleaded ground that the petitioner got the knowledge of ex -parte decree on 19 -06 -1995 and thereafter took necessary steps for obtaining certified copy which he got on 12 -07 -1995 and engaged counsel. The counsel filed the appeal with the application on 30 -08 -1997.