- (1.) Present petition is challenge to the order dated 30.11.2015, passed by learned Additional District Judge, Patiala, whereby application, filed by the petitioner under Section 5 of the Limitation Act, 1963 (hereinafter referred to as "the Act") for condonation of delay of 184 delays in filing the appeal, was dismissed.
(2.) Learned counsel for the petitioner manly submitted that reasons for non filing of the appeal before the first Appellate Court were beyond his control on the ground that his counsel before the trial Court did not inform him regarding the decision of the case and as such appeal could not be filed within a period of limitation. Otherwise, there was no reason for the petitioner not to file appeal as main suit was for recovery. Petitioner stood retired from the services of the Corporation in the year 2006 and he was not paid pensionary benefits. Petitioner was not having sufficient resources to engage the counsel and on that ground, application for codonation of delay of 184 days in fling the appeal was filed. But the Court below declined the same, which is without any merit and the impugned order be set aside.
(3.) Learned counsel for the respondent submitted that there was no justified reason for condonation of delay of 184 days in filing the appeal and the Court below has rightly declined the application. There is no such requirement of law that on account of non-informing of the decision of a suit before the trial Court by the counsel for the petitioner would become another ground for extension of time to file appeal. So, present petition is without any merit and the same be dismissed.;