JAGTU Vs. BADRI

JUDGEMENT

(1.) THE Short question which presently falls for determination in this appeal is :

(2.) WHETHER the appeal is within time? The appellant brought a suit for possession of land on the basis of right of prior purchase which was decreed by the trial court but was dismissed by the lower appellate court on appeal filed by the respondents against the said decree. The appellant again approached the High Court in second appeal but here too without any success. His appeal was dismissed by a learned Single Judge of this Court on 29 -11 -1971 but the learned Single Judge granted leave to file Letters Patent Appeal against his judgment. The Letters Patent Appeal was filed by the appellant on 25 -1 -1972. The memo of appeal not being sufficiently stamped, the same was returned by the office to the appellant on 16 -2 -1972. The appellant filed another memo of appeal on 31 -5 -1972 with the allegations that the original memo returned to him by the office had been misplaced by his clerk and was not traceable. He also made an application supported by an affidavit that the time for filing the appeal be extended and the memo of appeal filed on 31 -5 -1972 be treated as having been filed within time. To this an objection was taken by the respondents that the appeal, as it stood filed on 31 -5 -1972, was clearly barred by time.

(3.) THE appellant examined one, Baldev Raj, clerk of the appellants counsel namely Mr. R. N. Bhalgotra, as well as the counsel himself as his witnesses. The respondents did not produce any evidence in rebuttal despite seeking number of opportunities for the purpose.