RAJU ANCHERI Vs. REKHA GEHLOT

JUDGEMENT

(1.) This writ petition is directed against order dated 14.01.2009 passed by the District Judge, Jodhpur, whereby, the appeal filed by the petitioner against the judgment and decree dated 02.08.2008 passed in Civil Original Suit No.14/2007 by Civil Judge (Senior Division), Jodhpur was dismissed as time barred.

(2.) The respondent Rekha Gehlot filed a suit for recovery of a sum of Rs. 25,350.00 alongwith interest against the petitioner. The suit was filed under provisions of Order 37 CPC. The petitioner filed application under Order 7, Rule 11 Code of Civil Procedure questioning the maintainability of the suit under Order 37, however, the trial court decreed the suit filed by the plaintiff, as the application filed by the petitioner under Order 7, Rule 11 Code of Civil Procedure was rejected and leave to defend was not granted.

(3.) Feeling aggrieved, the petitioner filed first appeal under Sec. 96 CPC. The appeal was barred by limitation. Alongwith the appeal an application under Sec. 5 of the Limitation Act, 1963 was filed by the petitioner and it was pointed out that as the appellant was too busy with his work and was mostly outside Jodhpur, he could not contact his lawyer and during Diwali vacations, he contacted his lawyer and, whereafter, the appeal has been filed without any further delay and sought condonation of delay.