MANOHAR LAL S/O SHABHAN DAS Vs. BALESH PRASAD JAIN
LAWS(UTN)-2012-9-202
HIGH COURT OF UTTARAKHAND
Decided on September 26,2012

Manohar Lal S/O Shabhan Das Appellant
VERSUS
Balesh Prasad Jain Respondents

JUDGEMENT

- (1.) This revision is directed against the order dated 6-8-2012, passed by 1st Addl. District Judge, Dehradun in Misc. Case No. 30 of 2012 Manohar Lal Vs. Balesh Prasad Jain, arising out of SCC Suit No. 7/2011, whereby the application 7C moved by the revisionist U/S 5 of Limitation Act has been rejected.
(2.) Brief facts of the case giving rise to the instant revision are that SCC Suit No. 7/2011 was instituted by respondent Balesh Prasad Jain against the revisionist Manohar Lal which was decreed exparte on 20- 9-2011. Thereafter the revisionist filed application U/O 9 Rule 13 C.P.C. for setting aside the exparte decree and also filed application 7-C U/S 5 of Limitation Act to condone the delay in filing the application. The application was registered as Misc. Case No. 30 of 2012. The learned 1st Addl. District Judge Dehradun, after hearing parties, vide impugned order dated 6-8-2012, has rejected the application 7-C. Feeling aggrieved this revision has been preferred.
(3.) Heard Sri Karan Anand Advocate for the revisionist and Sri Dharmendra Barthwal, Advocate appearing on behalf of the respondent.;


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