TEJ NARAYAN YADAV Vs. SAROJ DEVI

JUDGEMENT

(1.) INITIALLY this appeal has been preferred as a Miscellaneous Appeal, but by the order dated 15.09.2010 prayer of the Appellant for converting it to First Appeal was accepted. However, court fee of a petty amount of Rs. 230/ - was not paid and this has been paid today as submitted by the learned Counsel for the Appellant. In view of the above reason, the limitation can be counted by taking into account the date of appeal only from today then it becomes barred by almost one year.

(2.) BE that as it may, taking a lenient view, we are condoning the delay and at the request of the counsel for the Appellant, we heard on merit.

(3.) ACCORDING to learned Counsel for the Appellant, the Respondent disclosed the fact that she came to know about this ex -parte decree only in 2007. However, learned Counsel for the Appellant submitted that this fact was absolutely false.