PANKAJ KHANNA Vs. BISMILLAH GOLD AND SILVER ORNAMENTS

JUDGEMENT

(1.) Non-applicants, money suit 41/98 was decreed by the District Judge, Anantnag vide Judgment dated 14.10.1999 after the defendants failed to file written statement before the court and were proceeded against under 0.8 R.10 of CPC, resulting in pronouncement of above judgment against him, followed by drawing of decree for the principal amount with interest.

(2.) The respondents while filing appeal against the judgment and decree, have also filed an application for extension of time/ condonation of delay in filing appeal beyond the prescribed period under 0.41 R.3(a) CPC.

(3.) The appeal is time barred by 601 days. In the application, reasons given and cause made out for delay is that the applicants are migrants and live at Amritsar. They could not come to Anantnag to defend the suit. Some of their friends informed them of the matter on 20-7-2001 and they filed the appeal on 6- 9-2001. Applicants could not come to the State in the abnormal situation over here The delay in filing the application is neither with ful nor deliberate. There is no negugence on their part to defend the suit.