AMEERA BAI Vs. MANGAL SAI

JUDGEMENT

(1.) The substantial question of law formulated and to be answered by this Court in the defendant's No.1 second appeal is as under:-

(2.) The plaintiff's suit for declaration of title, partition and recovery of possession was party decreed by the trial Court by its judgment & decree dated 21.08.2012 pased in Civil Suit No.126-A/2012.

(3.) Appellant/Defendant preferred first appeal under Section 96 of the CPC before the first appellate Court on 3.7.2013 along with an application for condonation of delay in filing the same, duly supported by affidavit as there is delay of 275 days in filing appeal stating inter alia that as defendant No. 2-Gambhir Sai was seriously ill, he could not prefer appeal within the period of limitation.