Romesh Verma, Judge (oral)

1. The present appeal arises out of the order dated 16.08.2018, as passed by learned Additional District Judge-II, Kangra at Dharamshala, District Kangra, H.P., whereby an application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal against the judgment and decree dated 19.02.2014, as passed by learned Civil Judge (Jr. Div.), Dehra, Distt. Kangra, H.P., whereby the suit of the plaintiff was decreed, has been dismissed being without any merit.

2. The brief facts of the case are that the plaintiff/ respondent filed a suit for declaration before learned Civil Judge (Jr.Division), Dehra, District kangra, H.P. on 27.04.2007. As per the averments as made in the plaint, Jugni Devi, original plaintiff, is the owner in possession of suit land and she is the exclusive owner of a cow shed as shown in the site plan comprised in Khata No. 39, Khatauni No. 74, Khasra No. 196 area measuring 0-16-98 hectares, situated in Mohal Badhed, Mauja Mahadev, Tehsil Khundian, District kangra, H.P. It has been stated that the husband of the plaintiff Sh. Roshan Lal was owner in possession of land in suit. The plaintiff being wife has succeeded to