In a second appeal regarding partition, the Patna High Court dismissed the appeal as barred by limitation. The court rejected the application for condonation of delay, finding the appellants' explanations vague and attributable to their own laxity.
Application seeking condonation of delay rejected; Second Appeal dismissed as barred by limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.35 of 2013
====================================================== 1. Shanti Devi W/O late Arun Paswan R/O Village - Dariyapur, P.S. Muffasil, District - Munger 2. Deepak Paswan 3. Paltan Paswan 4. Anita Kumari 5. Puja Kumari All Minor sons and daughter Of Shanti Devi wife of Arun Paswan, who is their Natural Guardian as well wisher All R/O Village - Dariapur, P.S. Muffassil, District - Munger .... .... Plaintiffs- Appellant/s Versus 1. Bachchi Devi D/O Kulo Paswan, W/O Umesh Paswan R/O Burha Diyara Kalanrampur, P.S. Bariarpur, District – Munger ---- Defendant 1st Party-Respondent 1st party 2. Sunita Devi W/O Nawal Paswan, D/O late Arun Paswan R/O Village - Dariyapur, P.S. Muffassil, District - Munger, At Present Residing At Harijan Kalyan Tola, Bariarpur, District – Munger. --- Defendant 2nd party-Respondent 2nd party. 3. Kishun Paswan son of Late Adhori Paswan. 4. Yogendra Paswan son of Bhagat Paswan 5. Smt. Nirmala Devi wife of Sri Gangadhar Paswan 6. Sunil Paswan son of Late Mahendra Paswan. All residents of village Mai Diriyapur, P.S. Muffasil, District- Munger. --- Defendants 3rd party- Respondent 3rd party. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Subhash Kumar, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 6 17-07-2014 Heard learned counsel for the appellants. The appeal under Section 100 CPC has been filed by the plaintiff which is barred by limitation. There is delay of one year and four months in filing the appeal. The appellants/petitioners have, therefore, filed I.A. No. 9106 of 2013 seeking condonation of delay.
The plaintiff filed the suit seeking decree of partion
Patna High Court SA No.35 of 2013 (6) dt.17-07-2014
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of half share in the suit property. The Trial Court on the basis of evidence on record, held that the plaintiffs miserably failed to prove unity of title and possession over the suit land and suit was dismissed. An appeal was taken thereagainst by the plaintiff vide STA No. 01 of 2011. The lower appellate Court, formulated relevant points and on consideration of the evidence negated the claim of the plaintiff. The findings of fact recorded on all the relevant issue(s) by the learned trial Court were confirmed.
In the application seeking condonation of delay, the appellants have pleaded ignorance of law as a circumstance. No doubt, subsequently, it has been stated that crunch of fund resulted in such delayed filing of appeal. The explanations given by the appellant(s) are only vague and unacceptable to the Court. Laxity on the part of the appellants appears as one of the factors which contributed in filing the appeal after lapse of one year and four months. Such delay, therefore, remains unexplained. Even if a liberal view is taken, the facts stated in the application are not such which would justify condonation of such delay.
The application seeking condonation of delay is, therefore, rejected.
Consequently, the appeal is dismissed being barred by limitation.
(Kishore Kumar Mandal, J)
Shyam/U
2 issues framed by the court
Whether the second appeal filed by the plaintiff is barred by limitation due to a delay exceeding one year without sufficient explanation?
Whether the grounds of ignorance of law and lack of funds justify condonation of delay in filing the appeal under Section 100 CPC?
1 provisions across 1 enactments
Shanti Devi
Bachchi Devi
Sunita Devi
Kishun Paswan
Yogendra Paswan
Nirmala Devi
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
