KEDAR NATH KOHLI Vs. SARDUL SINGH & ANR

JUDGEMENT

(1.) This is a regular second appeal under Section 100 CPC against the judgment and decree dated 7.12.2011 passed by the learned Additional District Judge dismissing the appeal of the appellant.

(2.) I have heard the appellant, who is appearing in person. Though, he has been heard for almost 10-15 minutes, he is making submissions which have absolutely no relevance for deciding the present regular second appeal. As a matter of fact, he is giving the history as to how the case has travelled in the courts below and his grievances with regard to the same.

(3.) This is the normal difficulty which the court faces when the parties appear in person irrespective of their being literate or illiterate. Be that as it may, I have gone through the record. There is an application for condonation of 120 days' delay in re-filing the appeal. The condonation of delay of 120 days has been contested by the learned counsel for the respondents. I have gone through the averments made in the application. As the appellant has stated that the delay was not deliberate and intentional and it was occasioned on account of his old age, I am inclined to allow the application (C.M. No.13466/2012) and condone the delay as it constitutes a 'sufficient cause'. This delay has been condoned by taking a liberal view of Section 5 of the Limitation Act.