Jeewan Singh vs Amarjit Kaur

Rajesh Bindal, J.—Challenge in the present petition is to the order dated 8.8.2011 passed by the learned Lower Appellate Court whereby the application for condonation of delay of two months and ten days in filing the appeal filed by the respondent has been allowed. Learned counsel for the petitioner submitted that seeing the conduct of the respondent, she did not deserve the concession granted by the learned Lower Appellate Court. Though prior to the passing of the decree, the respondent had gone abroad, however, when the decree was passed, she was in India. Even during the pendency of the suit, she had evaded the service and was served through publication. The delay was not properly explained.

On the other hand, learned counsel for the respondent submitted that counsel for the respondent having not informed her about the passing of the decree, she could not avail of her remedy in time. The moment she came to know, the appeal was filed. On that account, there was a delay of two months and ten days, which was not substantial. The learned court below having exercised its discretion in her favour, the order does not call for interference by this court.

Heard counsel for the parties and perused the paper book.

The facts shows that the learned court below after appreciating the evidence of the parties has condoned two months and ten days'' delay in filing the appeal. This court in its revisional jurisdiction would not like to interfere even if second opinion is possible. Accordingly, the petition is dismissed.