URBAN IMPROVEMENT TRUST Vs. POONAM CHAND

JUDGEMENT

(1.) This is defendants' second appeal filed by the Urban Improvement Trust, Jodhpur as well as Tehsildar, Urban Improvement Trust, Jodhpur against the judgment and decree dated 8-12-1995 passed by the learned Additional District Judge, No. 3, Jodhpur in Civil Appeal No. 24 of 1994 whereby he refused to condone the delay under Sec. 5 of the Indian Limitation Act and dismissed the appeal on the ground of limitation.

(2.) Brief facts necessary for disposal of the instant second appeal are that plaintiff-respondent Poonam Chand filed a Civil Suit No. 138/94 for permanent injunction over the disputed land measuring 6825 Square Yards situated in city of Jodhpur. The aforesaid suit was decreed by the learned trial Court on 12-9-94 but as the counsel engaged on behalf of the defendant-appellants did not inform about the judgment and decree dated 12-9-94 passed by the learned trial Court, therefore, an appeal could not be filed by the defendantappellants within limitation.

(3.) After getting information about the judgment and decree dated 12-9-94, the defendant-appellants applied for certified copies of judgment and decree of the learned trial Court with promptitude and filed the appeal along with application under Sec. 5 of the Indian Limitation Act supported with an affidavit on 5-5-95. It is also averred in the aforesaid application for condonation of delay that the defendant-appellants were informed by Smt. Manju Maheshwari, Advocate about the judgment and decree dated 12-9-94 on 2-5-95.