High Court of Chhattisgarh dismissed a civil revision at the motion stage, holding that the applicants failed to prove the date of knowledge regarding the judgment against the respondent, thus finding no illegality in the trial and first appellate courts' orders condoning delay in filing an appeal.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Civil Revision No. 118 of 2015
---- Applicants
Versus
---- Respondents/Non-applicants
For Applicants – Shri Anish Tiwari, Advocate.
For Respondent No.3 – Shri Aditya Sharma, Panel Lawyer, on advance notice.
For Respondents 1 and 2 – None, not noticed.
Hon'ble Shri Justice Chandra Bhushan Bajpai
Order on Board
04/12/2015
the First Additional District Judge, Janjgir-Champa in Misc. Civil Suit
No.08/15 (Mars Power and Steel Limited as appellant and Laxmin Bai and 08 others as respondents) as the appeal was preferred after 3 to 4 months (it is not mentioned exactly either in the impugned order or in the instant petition as to what is the exact period of delay). In the appeal which is preferred against the judgment and decree dated 29-11-2013, the first appellate Court condoned the delay of about 3 to 4 months in filing the said first appeal and admitted the matter for final hearing.
part in the hearing reasons best known to him. As per the impugned order dated 20-08-2015, it is held that as defendant No.2 remained ex-parte, the suit was allowed vide judgment and decree dated 29-11-2013 in favour of the applicants/plaintiffs.
Sd/(Chandra Bhushan Bajpai) JUDGE
Aadil
2 issues framed by the court
Whether the civil revision for setting aside the order condoning delay and admitting the appeal is maintainable?
Whether the applicants have demonstrated sufficient grounds to challenge the first appellate court's condonation of delay under Section 5 of the Limitation Act?
Colour shows how this judgement treated each authority
Basawaraj & Anr. v. The Spl. Land Acquisition OfficerReferred¶28
Basawaraj & Anr. v. The Spl. Land Acquisition Officer, 2013 AIR SCW 6510 · Who else cites this
Marse Power & Steel Limited
Laxmin Bai W/o Late Ganga Prasad
Ram Ratan S/o Late Ganga Prasad
Kanhaiyya @ Bholwa S/o Late Ganga Prasad
Ram Prasad S/o Late Ganga Prasad
Manharan S/o Late Ganga Prasad
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
