1997 (11) TMI 548

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...., J. 1. Admit. Heard by consent of the advocates for the parties. 2. By the impugned order, the lower Appellate Court condoned the delay in filing the appeal. The facts in brief are that, the non-applicant had filed a suit for recovery of an amount of Rs. 26,556.05 ps. from the applicant herein. The suit was disposed of by a decree dated 2-5-1987. It is the case of the non-applicant that, on....

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....he wrong forum under bona fide belief and in good faith. 3. The learned advocate for the applicant while assailing the impugned order submitted that, there was no material before the lower Appellate Court to hold that there was a bona fide mistake on the part of the non-applicant's advocate in giving the said advice and there was no diligence shown by the non-applicant in obtaining the cert....

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.... basis of analysis of the materials placed before the lower Appellate Court and being the finding of fact which unless is shown to be perverse or arbitrary, cannot be ignored. It is not the case of the applicant that the said finding is arbitrary or perverse, nor can it be so, since the same has been arrived on the basis of the materials placed on record which are sufficient to arrive at such find....

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....wrong forum. Being so, the ratio of the judgment of the Apex Court in the matter of Mata Din, Man Mohanlal (supra), are squarely applicable to the case in hand and the decisions relied upon by the learned advocate for the applicant, are of no assistance. 6. In any case, the lower Appellate Court has in its discretion, on the analysis of the materials on record, condoned the delay in filing the ....