HUSSAIN Vs. OM PRAKASH

JUDGEMENT

(1.) APPELLANT -defendant has filed this second appeal under Section 100 CPC to challenge the impugned judgment and decree dated 11th of January, 2013 passed by learned Additional District Judge No. 1, Udaipur (Lower Appellate Court), whereby learned Lower Appellate Court has affirmed the judgment and decree passed by Civil Judge (Senior Division) Mavli dated 19th october, 2006.

(2.) THIS appeal is filed after delay of 361 days, therefore, appellant has also moved an application under Section 5 of the Limitation Act for condonation of delay. Averments contained in the application reads as under: -

(3.) THAT thereafter as the appellant as being an old man was having serious ailment and also was not having any means of earning, but despite this the appellant contacted the present counsel on 9.04.2014, the present counsel advised him to come to Jodhpur, then the appellant along with the relevant papers came to Jodhpur 12.04.2014. The present counsel advised him to challenge the decree and judgment impugned. The appeal was drafted on the same i.e. 12.04.2014 as on 13.04.2014 and 14.4.2014 there was holidays. Same was filed on 15.04.2014.