JEET RAM Vs. MELO DEVI

JUDGEMENT

(1.) JEET Ram petitioner herein has filed appeal against the order of Sub Judge, Samba dated 28.2.1989 whereby the petitioner has been directed to pay 200/ - PM as maintenance allowance from the date of application and 500/ - litigation expenses in application filed by the, respondent herein under section 30 of J&K Hindu Marriage Act. Along with the said appeal the petitioner has filed the present application under section 5 of Limitation Act for condonation of delay in filing the appeal.

(2.) IT has been averred by the petitioner in this application that he inadvertently filed appeal against the order of Sub Judge, Samba in the court of District Judge, Jammu who transferred the same for disposal to the court of 2nd Addl District Judge, Jammu and he had been prosecuting the said appeal with due diligence and in good faith bonafidely believing that District Judge had jurisdiction to try the appeal. He has further stated in this application that Sub Judge while trying the petition under the provisions of Hindu Marriage Act was exercising the powers of District Judge, but this fact was not reflected in the order passed by that court and he under bonafide impression filed appeal before the District Judge, Jammu.

(3.) SMT Melo Devi respondent filed objections opposing tae application of the petitioner and she has stated that the order dated 28.2.1939 was passed by Sub Judge, Samba with powers of District Judge which he clearly mentioned in the said order and in this manner the plea raised by the petitioner is not tenable. According to her the petitioner had engaged Mr. Promodh Kohli as his counsel who is an experienced and renowned lawyer and it cannot be said that he without any knowledge preferred the appeal in a wrong forum.