- (1.) Aggrieved by the order dated 22.3.2010 this revision petition has been preferred by the petitioner. Vide the impugned order, appeal filed by the petitioner was found to be beyond period of limitation and accordingly the application under section 5 of the Limitation Act was dismissed so also the appeal.
(2.) Learned counsel for the petitioner submits that trial court passed order on 17.11.2009 thus appeal was to be preferred within a period of thirty days excluding the period in obtaining copy of the order. The appeal was filed on 20.1.2010 i. e. with a delay of 26 days. The application under section 5 of the Limitation Act for condonation of delay was filed showing the reasons for delay as the petitioner's mother was unwell. The application was considered by the appellate court, however, taking note of the fact that affidavit in support of the application had not been filed coupled with documents relating to treatment of mother showing her to be only out-door patient. The cause shown was not considered to be justified. In view of aforesaid, even on merits, the delay was not found to be justified, thus application under section 5 of the Limitation Act was dismissed so as the appeal.
(3.) Learned counsel for the petitioner submits that delay caused in filing the appeal was justified hence the order passed by the appellate court may be set aside.;