Law:

Section:

Limitation Act (IX of 19081)-------Ss. 5 & 14---Delay in finny appeal before proper Court ---Condonation of--­Appeal against and decree of Trial Court dated 31-7-1986 which was to be filed before District Court in view of pecuniary jurisdiction, was filed before High Court on 3-11-1956 on wrong advice of counsel---High Court returned memorandum of appeal to be presented before proper forum on 27-11-1988---Appeal was dismissed by District Court on 18-1-1993 being hopelessly time-barred and application for condonation of delay was also dismissed---Period of limitation for filing appeal in District Court having expired on 27-11-1988, wrong advice of counsel was no ground for condonation of delay in filing appeal before proper Court- --During pendency of appeal in the wrong forum (High Court) the respondent on 15-9-1988 filed a counter-affidavit in the Court that High Court had no jurisdic,or, in the matter and also filed an application under O.VII, R.10, C.P.C on 18-11-1988 for return of Memorandum of Appeal but appellants slid not take any prompt action and it was only on 1-11-1989 that appellants filed applicattor. for return of memorandum of appeal---In view of gross negligence of appellants as well as their counsel, appellants/applicants were not entitled to betteiit as envisaged in Ss. 5 & 14 of Limitation Act, 1908. JUDGMENT This is a Civil Revision filed under section 115 of C.P.C. against the order of learned 1st Additional District Judge, Hyderabad in Civil Appeal No.207 of 1989, whereby the appeal of the present applicants was dismissed alongwith their application filed under section 5 of the Limitation Act, 1908, on the ground that the appeal is hopelessly time-barred. 2. The relevant facts for disposal of this Revision Petition are that the respondent's suit for accounts and cost of the suit land filed under section 15 of the Dekkhan Agriculturists Relief Act, 1879 was decreed by the learned Senior Civil Judge, Hyderabad on 31st July, 1986. The present applicants who were defendants before the trial Court filed application for obtaining certified copies of the Judgment/Decree on 2nd August, 1986; copies were prepared by the copying branch on…

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