SHEO PARSHAD Vs. F MAJLIS RAM MURLI DHAR
HIGH COURT OF PUNJAB AND HARYANA
F MAJLIS RAM MURLI DHAR
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(1.) This is a judgment-debtor's appeal against an order of the executing court dismissing his objections under Section 47 and Section 60 of the Code of Civil Procedure.
(2.) The order of the Court appealed against is dated the 10th January, 1953. On the 15th January, 1953, an application was made for copies which were obtained on the 2nd February, 1953. The appeal was, however, filed in the Court of the Additional District Judge, Rohtak, on the 2nd of February, 1953, abd ib tge 22nd of July, 1953, that learned Judge returned the memorandum of appeal for presentation to a Court of competent jurisdiction as it was admitted before him that the jurisdictional value was Rs. 5,710 and appeal lay to the High Court and not to the District Judge.
(3.) An application has been filed under Section 5 of the Limitation Act for extension of time on the ground that it was the mistake of judgment debtor's counsel that appeal was filed in the Court of the District Judge rather than in the High Court, and in the affidavit it is stated that the appellant is an illiterate jat and he had engaged Chaudhri Abhe Ram, an Advocate of about 30 years standing and it was due to the mistake of this Chaudhri Abhe Ram. Prima facie this does not appear to be a ground for extension of time as the forum of appeal is regulated by the jurisdictional value and not the amount claimed in any one instalment, and there is no explanation by Chaudhuri Abhe Ram as to the circumstances under which the appeal was filed in the Court of the Additional District Judge rather than in this Court.;
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