Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 204 of 2019 Petitioner :- Ratan Singh And 4 Others Respondent :- Atma Ram Counsel for Petitioner :- Chetan Chatterjee
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 30.10.2018 whereby the first appellate court has condoned the delay in filing Civil Appeal under Section 96 of the Code of Civil Procedure against the judgement and decree dated 22.8.2015 in Original Suit No.62 of 1997 (Man Singh Vs. Aatma Ram).
While allowing application under Section 5 of the Limitation Act, the first appellate court has recorded its satisfaction regarding explanation offered by the appellant in not submitting the appeal on time. The discretion exercised by the first appellate court within the scope of its jurisdiction, is not subject to scrutiny in exercise of extraordinary supervisory jurisdiction under Article 227 of the Constitution of India. No jurisdictional error can be fund.
The present petition is found devoid of merits and hence dismissed.
Order Date :- 28.2.2019 Himanshu