Hariprasad Tiwari v. Patwari P.H.N. 18
Case brief
What is this about?
This order rejects an application to condone a 175-day delay in filing a first appeal in a civil suit concerning land title. The court found the appellant's explanation regarding lack of knowledge and funds to be routine, haphazard, and indicative of negligence and malafides, failing to satisfy the requirement of sufficient cause under Section 5 of the Limitation Act.
What did the court decide?
Application for condonation of delay in filing appeal is rejected. Consequently, the first appeal and application for interim relief are dismissed.
What the court decided
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Reserved on 14-08-2020
Pronounced on 17-08-2020
FA No. 18 of 2020
Hariprasad Tiwari S/o. Late Shri Keshav Tiwari, presently aged about 69, R/o. Village Pondi, Tehsil Kota, Distt. Bilaspur (CG)
---- Appellant
VERSUS
- Patwari, P.H.N. - 18, through Shri Chandra Prakash Kashyap, village Pondi, Tehsil Kota, Distt. Bilaspur (CG)
- State of Chhattisgarh, through Collector, Bilaspur, Distt. Bilaspur (CG)
---- Respondent
Issues for consideration
3 issues framed by the court
Whether the applicant has shown sufficient cause under Section 5 of the Limitation Act to condone a delay of 175 days in filing the appeal.
Whether the explanation that the applicant was unaware of the judgment and had no funds for legal fees constitutes sufficient cause for delaying the appeal.
Whether Section 5 of the Limitation Act applies when the delay is caused by the applicant's negligence, inaction, or lack of bona fides.
Parties & counsel
- appellant
Hariprasad Tiwari
- respondent
Patwari
- respondent
State of Chhattisgarh
Coram
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · August
- Registered
- Case no.
- FA/18/2020
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