R.L.ANAND,J - (1.) THIS order shall dispose of an application under Section 5 of the Limitation Act dated 10.11.1997, seeking the condonation of delay of 352 days in filing the present Regular Second Appeal.
(2.) AGAINST the judgment and decree dated 24.7.1996 passed by the Court of Additional District Judge, Chandigarh, the United Commercial Bank present applicant-appellant filed the present Regular Second Appeal in the Registry on 10.11.1997 along with an application under Section 5 of the Limitation Act and it is averred that the appeal of the plaintiff-respondent was allowed by the first appellate Court on 24.7.1996. The counsel for the Bank communicated to the Bank regarding the same but due to postal delay the same was not received by the Bank. The respondent-plaintiff filed one application in the Bank to comply with the orders of the learned Additional District Judge, Chandigarh and in this manner, the present appellant-bank came to know of the decision of the Court on 12.9.1997. It is further averred in the application that the delay on the part of the appellant is neither intentional nor deliberate. The application was supported by an affidavit. Notice of the application was given to the plaintiff-respondent and preliminary objection was taken that the application under Section 5 of the Limitation Act was totally vague containing no material particulars explanation how and why the delay of about 2 years took place in the filing of the appeal. On merits the stand of the respondent is that the application is misleading and misconceived. Before the appellate Court, the matter was being prosecuted by the Bank and it cannot be stated that the Bank had no knowledge of the passing of the decree by the first appellate Court. With this defence the defendant has prayed for dismissal of the application under Section 5 of the Limitation Act.
(3.) I have heard Shri J.S. Bhatti, Advocate appearing on behalf of the applicant-appellant and Shri R.S. Bajaj, learned counsel appearing on behalf of the respondent and with their assistance have gone through the record of this case.;