BADRI PRASAD Vs. GULAB SINGHLABIC

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal is as under: -

(2.) The plaintiff's suit for recovery of possession based on title was dismissed by the trial Court on 20-11-2001 against which he preferred appeal before the appellate Court on 17-1-2002 with a delay of five days along with an application for condonation of delay stating inter alia that his daughter was seriously ill at Jabalpur and he had gone to Jabalpur to look-after his daughter, therefore, he could not prefer appeal well in time. The first appellate Court dismissed that appeal and the application on the ground that medical certificate has not been filed against which this second appeal has been preferred in which the substantial question of law has been framed which has been set-out in the opening paragraph of this judgment.

(3.) Learned counsel for the appellant / plaintiff submits that delay in filing the first appeal was not deliberate, it was bona fide and it was liable to be condoned.