V.K. Sharma, J. - (1.) CMNo. 3286 -C of 2006
(2.) THIS is an application under Section 5 of the Limitation Act for condoning the delay of 33 days in filing the appeal. It has been averred in the application that the counsel in lower court did not inform the applicant -appellants about the passing of judgment and decree dated 7.6.2005 by learned Additional District Judge, Gurgaon. It was only in the month of July, 2005 that the applicants came to know about the passing of the said judgment and decree, when the matter was put up before the authorities for taking decision for filing the present appeal. It has further been averred that it was due to procedural delay that the delay of 33 days in filing the appeal has occurred in filing the appeal.
(3.) NOTICE of the application was given to the respondent. Learned Counsel appearing on behalf of the respondent has not filed any reply to the civil misc. Thus, the averments made in the application remain unrebutted.;