Mahesh Jain S/O Omi Jain, v. Smt Indira Devi W/O Kapoorchand Jain
Condonation of delay – Section 5, Limitation Act, 1963
Case brief
What is this about?
Rajasthan High Court, Jaipur Bench; S.B. Civil Second Appeal No. 39/2026; Mahesh Jain v. Smt. Indira Devi & Ors.; Maneesh Sharma J.; order dated 16/03/2026; condonation of 185 days' delay; Section 5 Limitation Act 1963; litigant blaming counsel / advocate negligence not sufficient cause; Rajneesh Kumar & Anr. Vs. Ved Prakash, 2024 0 Supreme (SC) 1101; eviction and arrears of rent; Section 106 Transfer of Property Act 1882; Additional District Judge Mahwa; Civil Regular Appeal No.06/2022; Senior Civil Judge Mahwa; Civil Suit No.2/2015; delay application CMCC No.424/2026 dismissed; second appeal dismissed; decree executed and possession handed over to landlord.
What did the court decide?
The appellant's explanation for the 185-day delay — that his counsel did not inform him of the appellate decree — is general and vague; he did not state when he last met his counsel, why he did not enquire about the pending appeal for six months, and no specific dates were given; the appellant himself remained careless and negligent and the explanation is neither bona fide nor sufficient cause for condoning the delay.