LAWS(RAJ)-1994-11-32

RANU LAL Vs. JHEEMI DEVI

Decided On November 09, 1994
RANU LAL Appellant
V/S
JHEEMI DEVI Respondents

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the learned Addl. District Judge, Barmer dated November 16, 1992 by which he dismissed the regular appeal No. 17/91 Ranu Lal vs. Jheemi Devi & Others on the ground of limitation.

(2.) IT is contended by the learned counsel for the petitioner that the learned appellate Court seriously erred in holding that the appeal was filed after a delay of two months and twenty-five days. He contended that it is apparent from the endorsement made on the certified copies of judgment and decree dated 27. 05. 91, the application for obtaining them was made on 17. 05. 91, the certified copies were ready on 8. 8. 91 and were delivered on 3. 11. 91 & the appeal was filed on 3. 12. 91. He further submits that no notice of the preparation of the certified copies was issued and only notice for removing the defects was given on 4. 7. 91 and as such the delay of two days only occurred in filing the appeal.