A.N. Verma, J. - (1.) THIS is a Plaintiff's application in revision directed against orders passed by the courts below dismissing the Plaintiff -applicant's suit with special costs.
(2.) THE Plaintiff's suit had been dismissed by the learned Judge, Small Causes, Ballia. While dismissing the suit, the learned Judge, Small Causes, also awarded Rs. 1000/ -as special cost. The amount was delivered on March 18, 1976. The Plaintiff -applicant filed a revision against the aforesaid judgment and decree passed by the trial court which was barred by limitation. The Plaintiff -applicant had filed the Revision along with the application under Section 5 of the Limitation Act for condonation of delay. In the application for condonation of delay, it was asserted that the certified copy of the judgment had been applied for on 22 -3 -1976, i.e., within four days of the passing of the judgment. The copy was made ready on 31 -5 -1976. It was alleged in the application for condonation of delay that the clerk of the applicant's counsel had obtained the copy and misplaced it somewhere in the files. The applicant came to know about it only on 29 -5 -1976. The Revision was filed immediately thereafter. The Plaintiff applicant stated that under the circumstances he was totally innocent and that the delay was occasioned on account of circumstances beyond his control. This application has been rejected by the learned District Judge, Basti, by his order dated 9 -7 -1976. The learned District Judge has observed that if the applicant made the clerk of his counsel his agent for taking copy, the applicant should suffer for the laches of the clerk. The other ground on which the learned Judge has rejected the application of the applicant under Section 5 of the Limitation Act is that if the copy was missing, the Revision could be filed within time with another copy.
(3.) HAVING rejected the application under Section 5 of the Limitation Act, the learned District Judge also dismissed the revision itself as barred by limitation. It is against the aforesaid orders that the present Revision has been filed by the Plaintiff -applicant.;