STATE Vs. KUMAR JI

JUDGEMENT

(1.) THIS Civil second appeal is directed against the judgment and decree of the First Appellate Court (District Judge, Anantnag) dated 30 - 10. 1980 and has arisen in the following circumstances of the case . - The respondent had filed a suit for possession of a shop site in Cheeni Chowk, Anantnag or in the alternative for payment of Rs 10,000/ - as price of the same, in the court of the learned Sub Judge, Anantnag.

(2.) THE said suit came to be decided by the said court on 19 -10 1978 decreeing the suit of the respondents. In the said suit the State of Jammu and Kashmir and the Deputy Commissioner Anantnag were the defendants. The State was represented by the P. P. Anantnag and the Deputy Commissioner, Anantnag by Mr. G. N. Deva, Advocate. The Appellant State of Jammu and Kashmir filed an appeal against the said judgment and decree of the learned Sub Judge in the court of the learned District Judge, Anantnag on 28 3. 198O. The learned District Judge did not go into the merits of the appeal and decided the same on the question of limitation, The appellants had along with the Memo of Appeal filed an application under Section 5 of the Limitation Act for condonation of delay which the learned District Judge has rejected. With the rejection of the said application the learned District Judge did not think it necessary to go into the merits of appeal and dismissed the same. The State of Jammu and Kashmir has felt aggrieved of the said judgment and decree of the learned District Judge and hence this appeal.

(3.) I have heard the learned counsel for the parties and have gone through the file thoroughly.