Rakesh Kumar Garg, J. - (1.) THE suit of the plaintiff -respondent for recovery against the appellant was decreed by the trial Court on 15.12.2008.
(2.) AGGRIEVED from the judgment and decree of the trial Court, appellant filed an appeal before the First Appellate Court. The said civil appeal i.e. Civil Appeal No. 40T of 4.5.2012/19.2.2009 was dismissed by the lower Appellate Court vide impugned judgment and decree dated 15.6.2012. The instant appeal challenging the aforesaid judgments and decrees of the Courts below has been filed by the defendant -appellant. There is a delay of 659 days in filing the instant appeal. Thus, along with this appeal, civil miscellaneous application i.e. C.M. No. 8047 -C of 2014 has also been filed seeking condonation of delay, as noticed above.
(3.) AS per the appellant, he could not file the instant appeal within limitation as he was under the impression that there was no liability to pay against him, as his appeal i.e. Civil Appeal No. 39T of 4.5.2012/19.2.2009 against a decree dated 15.12.2008 by Sh. Kuldip Singh, P.C.S. Additional Civil Judge (Senior Division), Samana in a suit for recovery filed by M/s. Chetan Parkash Dharampal, Commission Agents, was accepted and suit of plaintiff -M/s. Chetan Parkash Dharampal was ordered to be dismissed and he has come to know about his liability to pay only when he received the summons of execution petition filed by the respondent against him on 23/24.6.2014.;