ATHER ALI Vs. MOHD.SHAFI

JUDGEMENT

(1.) By way of this application, the appellants seek condonation of delay of 1926 days in filing this appeal to challenge money decree, passed as application for leave to defend under Order XXXVII CPC was not filed. I have heard learned counsel for both sides.

(2.) The judgment and decree impugned in the present case being dtd. 11/4/2018, the period of limitation to file the appeal expired on 10/7/2018 but the present appeal was filed on 26/7/2023 i.e., with a delay of more than five years.

(3.) The application under consideration alleges that the respondent fraudulently obtained ex-parte decree under Order XXXVII CPC, so application under Order IX Rule 13 CPC was filed but that also was dismissed by the learned Trial Court. Today it is informed by both sides that the present appellant sought review of the order of dismissal of application under Order IX Rule 13 CPC, which review also was rejected and thereafter the said order was not challenged, so it has attained finality.