UNION OF INDIA Vs. NEK RAM SHARMA

JUDGEMENT

(1.) THIS appeal is directed against order dated 28.2.2003 passed by the Ist Addl. District Judge, Jammu whereby an application for condonation of delay filed by the Union of India under section 5 of the Limitation Act has been dismissed and consequently under Order 9 Rule 13 CPC was also dismissed being barred by time.

(2.) MR . J.P. Singh, learned counsel appearing for the respondents has raised a prelimnary objection regarding maintainability of the appeal. According to him no appeal lies against an order dismissing application for condonation of delay. Such an order is not appealable either under Section 96 or Order 43 Rule 1 CPC, which specifies the appealable orders. Reliance is placed on AIR 1986 P&H 3 and 1990 KLJ 280. This contention of Mr.Singh is contested by Mr.Nanda, appearing for the appellant and he submits that rejection of an application under section 5 of the Limitation Act and consequently rejection of Order 9 Rule 13 CPC application is an appealable order under Order 43 (d).

(3.) I have heard the learned counsel for the parties.