Case Note & Summary
The appellant, Amar Singh Thakur, filed a Second Appeal before the Bombay High Court, Nagpur Bench, challenging the order dated 28.1.2008 passed by the learned Adhoc District Judge-3, Nagpur, in Miscellaneous Civil Application No. 207/2007. By that order, the lower court had rejected the appellant's application for condonation of delay in filing an appeal against the judgment and decree passed in Special Civil Suit No. 569/2004. The background of the case involves a suit for specific performance of contract filed by the appellant on 15.5.2006, based on agreements dated 21.1.1997 and 17.11.2004 for purchase of 3.24 acres of land. During the pendency of that suit, respondent nos. 2 and 3 (Digamber Meshram and Mangalabai Meshram) filed an application for intervention, claiming that respondent no. 2 had purchased half portion of the land from the wife of respondent no. 1 (Tulshiram Ingle) through a power of attorney holder (respondent no. 3). They relied on a previous judgment in Special Civil Suit No. 569/2004, which they claimed had attained finality. The appellant, aggrieved by that judgment and decree, sought to file an appeal but was delayed by 1 year and 8 months. The lower court, after considering the explanation, found no sufficient cause for the delay and rejected the application. In the Second Appeal, the appellant argued that the lower court had erred in rejecting the application and that the delay was due to the appellant's ill health and other reasons. The High Court, after perusing the impugned order and hearing counsel, held that the discretion exercised by the lower court was not perverse or arbitrary. The court noted that the appellant had not raised any substantial question of law and that the findings of the lower court were based on appreciation of facts. Consequently, the Second Appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Condonation of Delay - Section 5 of Limitation Act, 1963 - Sufficient Cause - The appellant sought condonation of delay of 1 year and 8 months in filing appeal against decree in Special Civil Suit No. 569/2004 - The court below rejected the application finding no sufficient cause - Held that the discretion exercised by the lower court was not perverse or arbitrary and no substantial question of law arose (Paras 1-6).
Issue of Consideration
Whether the learned Adhoc District Judge-3, Nagpur, was justified in rejecting the application for condonation of delay in filing the appeal against the judgment and decree in Special Civil Suit No. 569/2004?
Final Decision
The Second Appeal is dismissed. No order as to costs.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- Section 5
- Discretion of court
- Second appeal
- Substantial question of law
