Appeal against a civil decree where applicants sought condonation of 73-day delay under Section 5 of the Limitation Act. The court rejected the application and dismissed the appeal due to lack of supporting evidence for delay and indolent conduct.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 168 / 2016
Lrs Of Smt. Kamla Devi
----Appellant
Versus
Lrs Of Smt. Laxmi Devi & Ors.
----Respondents
For Appellant(s) : Mr. C.P. Soni
For Respondent(s) : Mr. Vishal Sharma
JUSTICE DINESH MEHTA
Order
25/04/2018
CMCC No.377/2016.
The applicants-appellants have filed the present application under Section 5 of the Limitation Act, seeking condonation of 73 days’ delay in filing the appeal against the judgment and decree dated 01.03.2016.
The applicants have stated in their application that the applicant No.1/2 - Pramod Kumar was hospitalized for 15 days, in wake of serious heart ailments. In support of such assertion, the applicant has neither given any date of hospitalization nor has placed any documents on record.
Apart from this, the applicants have not stated as to why the applicant No.1/1 - Anil Kumar could not take up requisite steps in filing the appeal.
In considered opinion of this Court, that the application at hand is nothing but to camouflage created for the purpose of
(2 of 2)
[CSA-168/2016]
claiming condonation of delay in filing the appeal, which does not merit.
A perusal of the impugned judgment and decree dated 01.03.2016 shows that even the first appeal filed by the appellants had been dismissed on the ground of delay.
In view of present fact situation, it is clear that the applicants have been indolent and their attitude is lackadaisical in pursuing their litigation.
The application under Section 5 of the Limitation Act is therefore rejected. As a natural corollary of the dismissal of the application, the appeal itself stands dismissed.
(DINESH MEHTA), J.
Upendra/5
1 issue framed by the court
Whether condonation of delay should be granted for filing a second civil appeal given lack of evidence for hospitalization and previous dismissal of first appeal for delay.
1 provisions across 1 enactments
Lrs Of Smt. Kamla Devi
Lrs Of Smt. Laxmi Devi & Ors.
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
