THAN SINGH Vs. CHANDRASHEKHAR

JUDGEMENT

(1.) This second appeal preferred by the appellants/defendants was admitted for hearing on the following two substantial questions of law :­

(2.) Plaintiff's suit for mandatory injunction and for damages was partly decreed by the trial Court vide judgment and decree dated 19/02/2009. Feeling aggrieved, the defendants preferred first appeal under Section 96 of CPC along with a delay of 16 days along with an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal supported by his affidavit assigning the reason that immediately after passing of the judgment and decree by the trial Court, on 20/02/2009, defendant No. 1 met with an accident and suffered fracture due to which he was confined to bed and could not prefer the appeal right on time.

(3.) The said application for condonation of delay was not controverted by the other side, but learned first appellate Court, finding no merit in the said application, rejected it and consequently, dismissed the appeal vide judgment and decree dated 29/08/2012 against which this second appeal has been preferred by the appellants/defendants in which two substantial questions of law have been framed and set out in the opening paragraph of this judgment.