Case Note & Summary
The appellants, Modu Sonsing Vanjari and others, were subsequent purchasers of property. They filed an appeal against a decree passed by the trial court, but there was a delay of approximately 3.5 years in filing the appeal. They filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of delay. The District Judge, by judgment and order dated 22.02.2020, refused to condone the delay, holding that the appellants had failed to show sufficient cause for the delay. Aggrieved, the appellants filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the District Judge's order. The High Court considered whether the Second Appeal raised any substantial question of law. The court noted that the District Judge had exercised discretion based on the facts and circumstances, and the appellants had not provided any explanation for the delay. The High Court held that the discretion exercised by the District Judge was not perverse or arbitrary, and no substantial question of law arose. Consequently, the Second Appeal was dismissed at the admission stage. The court also disposed of the accompanying civil application.
Headnote
A) Limitation Act, 1963 - Section 5 - Condonation of Delay - Sufficient Cause - The appellants, subsequent purchasers, filed an appeal against a decree with a delay of 3.5 years. The District Judge refused to condone the delay as no sufficient cause was shown. The High Court held that the discretion exercised by the District Judge was not perverse or arbitrary, and no substantial question of law arose. (Paras 1-5) B) Civil Procedure Code, 1908 - Section 100 - Second Appeal - Substantial Question of Law - The High Court found that the refusal to condone delay did not give rise to any substantial question of law, as the District Judge's decision was based on facts and no illegality was shown. (Paras 4-5)
Issue of Consideration
Whether the District Judge erred in refusing to condone the delay of approximately 3.5 years in filing the appeal, and whether the Second Appeal raises any substantial question of law.
Final Decision
Second Appeal dismissed at admission stage. Civil Application No. 8073 of 2021 disposed of.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- Section 5
- Second appeal
- Subsequent purchaser
- Delay of 3.5 years
- No explanation
