SHIVAJIRAO Vs. HARISHCHANDRA DAWALAL KHOT

JUDGEMENT

(1.) The defendant is in this second appeal. The plaintiff had filed a suit for declaration which was decreed by the judgment dated 02.11.2004. It is to be stated here that the defendant though filed his written statement did not participate in the matter thereafter and therefore the trial Court was constrained to decree the suit. As against this decree of the trial Court, an appeal was filed. However, the said appeal was belated appeal and there was a delay of 53 days in filing the appeal.

(2.) The appellate Court on consideration of the cause shown in the affidavit filed in support of the application, come to the conclusion that there was no sufficient cause made out to condone the delay and accordingly proceeded to dismiss the application filed for condonation of delay and consequently the appeal was also dismissed. It is against this dismissal, this second appeal is preferred.

(3.) The following substantial question of law arise for consideration in this second appeal;