- (1.) Heard Sri Shivam Yadav, learned counsel for applicant-appellant and Sri Dinesh Rai, Advocate holding brief of Sri B.C. Rai, learned counsel for respondent.
(2.) This appeal under Section 96 C.P.C. assailing judgment and decree dated 27.04.2011 passed by Civil Judge (Senior Division), Court No. 3, Gautam Budh Nagar in Original Suit No. 1194 of 2009, granting permanent injunction in favour of plaintiff-respondent has been filed beyond period of limitation with delay of 2 years and 189 days.
(3.) In the affidavit accompanying delay codonation application filed under Section 5 of Limitation Act, receipt of certified copy of judgment on 28.11.2013 is admitted but then it is said that panel counsel of applicant-appellant could not file appeal for inadvertent reasons. Subsequently he was de-panelled and another counsel, namely, Shivam Yadav, Advocate was engaged who filed this appeal. Neither it is stated as to when documents were handed over to earlier counsel nor reason has been given as to why appeal was not filed by him nor it is mentioned as to when he was de-panelled and new counsel was engaged.;