SUKHDEV Vs. KIRPAL SINGH

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 25.7.2005 passed by the learned Civil Judge (Sr. Divn.), Ferozepur, rejecting the application filed under Section 5 of the Limitation Act for condoning the delay and also the application filed under Order 37 of the CPC for leave to defend the case.

(2.) The case set up by the petitioner was that he had put in appearance in the case on 11.3.2005 when summons with judgment were served upon him. It was averred by the petitioner that he could not engage a counsel at that time as he was not having sufficient funds with him. It was further the case of the petitioner that he fell down in a well in his fields, as a result of which, he suffered leg injury and he remained under the treatment of doctor. Therefore, he claimed that he was not in a position to walk. It was also the case of the petitioner that he came present to the Court and filed an application for leave to defend along with an application under Section 5 of the Limitation Act. It was the case of the petitioner that the alleged pronote and receipt were false and fabricated documents. He also pleaded that he had taken no loan from the plaintiff. Therefore, he sought leave to defend the suit.

(3.) The application was contested by the respondent-plaintiff on the plea that leave to defend was to be filed with 10 days of service of summons with judgment which was effected upon him on 11.3.2005. The present application having been moved on 2.5.2005 was hopelessly barred by time. It was further the case of the plaintiff-respondent that this was intentionally done by the defendant-petitioner.