SURESH KUMAR SHARMA Vs. IDOL LAXMANJI MAHARAJ

JUDGEMENT

(1.) THIS second appeal by the defendant is against the appellate judgment and decree dated 30-7-69 dismissing his first appeal No. 104/69 as time barred.

(2.) RESPONDENT's suit for arrears of rent and for the ejectment of the defendant from the suit premises was decreed with costs on 30-11-68 by the Additional Munsiff Magistrate Ajmer City (East ). Against this decree defendant Suresh Kumar preferred the appeal No. 104/69 on 12-2-69. He applied for certified copies of the judgment and decree on 20-12-68. 4-1-69 was fixed for the delivery of the copies. On that date, according to the contention on behalf of the appellant Mr. Rikhab Chand Jain his advocate was present. The copies were not ready. No next date was fixed for delivery of the copies. Copies were ready on 28-1-69. As the defendant or his counsel had no notice, he obtained the copies on 12-2-69, and presented the appeal on 13-2-69. Along with the memo of appeal the appellant submitted an application under sec. 5 of the Limitation Act, accompanied by an affidavit. The learned Civil Judge Ajmer, who dealt with this appeal held the appeal as time barred and found that there was no good cause for condoning the delay. Accordingly he dismissed the appeal vide his order dated 30-7-69. It is this decree that has been challenged in second appeal.