Document Fragment View

Matching Fragments

CMA No. 133/2-15, cast under the provisions of Section 5 of the Limitation Act, whereby, the aforesaid application was allowed.

2. The learned Civil Judge(Senior Division), Hamirpur, had, upon an petition bearing CMA No. 173 of 2008, cast under the provisions of Order 39, Rule 2-A of the CPC, made an affirmative order thereon.

r Being aggrieved therefrom, the respondents herein, made a belated concert to assail, it, by filing an appeal before the learned first Appellate Court. Since, the apposite motion made by the aggrieved against pronouncement made upon CMA No. 173 of 2008, for hence, impeaching it, was belated, thereupon, they cast an application constituted under the provisions of Section 5 of the Limitation Act, wherein, they sought condonation of delay in theirs belatedly motioning the learned Appellate Court. The application, cast under the provisions of Section 5 of the Limitation Act, was, instituted before the learned ...3...

.

Appellate Court, on 20.06.2015. The grounds constituted therein, whereupon, the aggrieved stood hence precluded to within time institute an apposite appeal, for assailing the impugned order recorded by the learned Civil Judge, Senior Division, Hamirpur in CMA No. 173 of 2008, are extracted hereinafter:-

"That the applicants/appellants are filing the appeal bit late due to their domestic problem as appellant No.1 was not feeling well due to his ailment, who is the only person, who is taking initiative to represent the case in Court."

therefrom, is, borne from AW-1 testifying of (a) with occurrence of ambiguity(ies) in the rendition recorded by the learned trial Court concerned, hence his being constrained, to, not within time institute an appeal therefrom, before the Appellate Court and (b) of the learned amendment(s) trial r Court, or to for meteing correction(s) appropriate vis-a-vis the ambiguity(ies) borne in its order/judgment, hence, entailing the applicants to move an appropriate application before it; (c) whereafter on an appropriate judicial amendment being meted vis-a-vis the order rendered by the learned trial Court upon CMA No. 173 of 2008, theirs holding belated knowledge thereof AND upon theirs acquiring knowledge thereof, theirs promptly motioning the Appellate Court concerned, for assailing the verdict pronounced upon CMA No. 173 of 2008. The aforesaid contradictions inter se the pleadings reared by the applicants/respondents herein in the application, cast ...5...

.

Section 5 of the Limitation Act, being preferred earlier vis-a-vis the applicants' motioning the learned trial Court concerned, for its making an apposite correction/amendment, upon, the apposite rendition recorded, by it, upon CMA No. 173 of 2008. In the aforesaid discernment(s), judicial records, r to (c) a close scrutiny, of, the underscores the factum of the pronouncement made by the learned trail Court, upon, apposite CMA No.173 of 2008 occurring on 27th March, 2015, whereafter, an appeal therefrom, accompanied by an application, cast under the provisions of Section 5 of the limitation Act, stood, instituted on 20.06.2015, before the learned Appellate Court. However, subsequent thereto, an application was instituted on 8.7.2015, application wereof was constituted under the provisions of Sections 151 and 152 of the CPC, wherein, the aggrieved sought correction or amendment(s) being made in the order recorded, by the learned trial Court, ...7...