TMI Blog1980 (2) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... ecree of the Senior sub-Judge, Narnaul. The appeal arises out of a suit filed for declaration of the plaintiffs for two-third share in the property in dispute. The defendants-appellants contested the suit mainly on the ground that they had become occupancy tenants of the land and, therefore, the plaintiff had no right in the land at all. The trial Court accepted the defence in principle but decree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appeals. The appellants filed a memorandum of appeal on that very day, that is to say January 23, 1961, before the court of Senior sub-Judge. There was, however, a delay of 185 days which was the time taken during which the appeal was pending in the court of the Additional District Judge. The Senior sub-Judge condoned the delay on the ground that the appellants in filing the appeals befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the defendants was filed before it and it is, therefore, obvious that during such a short period the litigants would have no notice of this change of forum and may bona fide believe that the old practice continued to exist. Prior to this, the Additional District Judge was fully competent to hear the appeals against the judgment of the Senior sub-Judge. There could be no doubt that if the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, clearly wrong in allowing the appeal and setting aside the judgment of the Senior sub-Judge on the ground that he had wrongly condoned the delay. In fact, the High Court having entertained the appeal and keeping the same on its file should have decided it on merits. Since, however, the High Court has not given any decision on merits, we have no other alternative but to remand the case back ..... X X X X Extracts X X X X X X X X Extracts X X X X
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