PREM WOOD vs NEW INDIA ASSURANCE COMPANY

THIS is an appeal against the order dated 22.8.1998 passed by District Forum, Ghaziabad in Complaint Case No. 1256/1994.

IT is not necessary to mention the facts of the case. The matter can be decided on application for condonation of delay in filing appeal. Learned Counsel for the parties are present. Learned Counsel for the appellant has argued that after the judgment was delivered, an application for review was moved to consider the question of awarding pendente lite interest was moved and when the application for review was dismissed, the appeal was filed which is within limitation from the date of dismissal of application for correction of judgment. The judgment as already mentioned in the earlier part of the judgment was delivered by the District Forum on 22.8.1996. Thereafter, the copy of this judgment was obtained by the appellant which was delivered on the same date. Application for correction of judgment was moved by the complainant-appellant on 27.8.1996. This application was taken up for disposal and ultimately, dismissed on 24.1.1999 on the ground that review of the judgment is not permissible. Thereafter, copy of that order was obtained on the same date and the present appeal was filed on 24.2.1997.

According to the allegations in application for condonation of delay in filing appeal, it is alleged that when the application for correction was moved, it should not have been entertained by Forum and should have been dismissed by Forum then and there. It is argued by Counsel of applicant that on account of the legal advice moved an application for correction of judgment for awarding of interest pendente lite. It has been argued that in the judgment has been wrongly mentioned that the interest has to be awarded from the date of judgment. The interest should have been awarded from the date of claim petition and appellant was advised that this mistake can be rectified by means of correction application.

IN the present case appellant has not filed affidavit of the Advocate concerned to show that he gave wrong legal advice for moving this application. The Forum held that by moving application for correction of judgment about the awarding of interest in its order dated 24.1.1997 the review application does not lie and hence the application was rejected. It has not been perused on record that on account of mistaken legal advice applicant was prevented from filing the appeal but filed an application for correction of judgment. Thus, we find that no cogent and sufficient ground for not filing the appeal within time against the order dated 22.8.1996 has been shown. The appellant cannot claim limitation from the date of dismissal of the application for correction. Moreover, this point has not been taken in the application for condonation of appeal. It cannot be allowed to be taken at this stage. Thus, we find the present appeal is barred by limitation and cannot be entertained. The application for condonation of delay in filing the appeal is, therefore, dismissed. The appeal also fails and is dismissed.

LET copies be made available to the parties as per rules. Appeal dismissed.