NANDE Vs. NANGA

JUDGEMENT

(1.) BOTH these appeals are disposed of by one single order as the parties in both these cases are the same and they arise out of two identical orders passed by the learned Additional District Judge, Karauli dated 21. 5. 87. There were two civil suits Nos. 106/74 and 214 pending between the parties in the court of Munsif and Judicial Magistrate First Class, Karauli BOTH the above suits were decreed by the learned Munsif by judgment dated 22. 10. 83. The defendants aggrieved against the judgment and decree passed against them in both the suits, filed two appeals in the court of District Judge Karauli. The learned Additional District Judge, Karauli who heard these appeals took the view that both the appeals were time barred and as such dismissed the appeals holding the same to be time barred.

(2.) AGGRIEVED against the judgment and decree of the learned Additional District Judge, Karauli, the defendants have filed these two appeals. The admitted facts of the case are that the date of judgment and decree of the trial court is 22. 10. 83. The appellants had applied for copy of judgment on 22. 10 83 itself and the certified copy of the judgment was obtained on 15. 12. 83. The defendants applied for certified copy of the decree on 16. 12. 83. and the copy of the decree was obtained on 20. 12. 83. The appeals were filed on 2. 1. 84 and there was winter vacation from 24. 12. 83 to 1. 1. 84. The learned Additional District Judge took the view that the application for obtaining the certified copy of the decree was itself filed long after 30 days and there was no bonafide mistake so as to condone the delay.