SATISH YADAV Vs. VIJAY PAL

JUDGEMENT

(1.) The short controversy pivots arounds the question, whether it is permissible to condone the delay in absence of sufficient cause under Section 5 of Limitation Act. Vide order dated 8.8.2005, the first appellate Court accepted the appeal and its operative order runs as follows:-

(2.) In their above said application, pending before this Court, the appellants state that objections were pending before the Trial Court and the same were fixed for 18th July, 2006, but the Trial Court has declined to hear the objections. Consequently, the appellants have filed the present appeal and application u/s 5 of Limitation Act. It is requested that the delay in filing the appeal of 224 days be condoned. The application is supported by an affidavit.

(3.) It is interesting to note that no sufficient cause for the condonation of above said delay has been mentioned. When the learned counsel for the appellant was confronted with this fact, he conceded that this application and appeal were filed through some other counsel. He admitted that no sufficient cause is mentioned therein. He has, however, drawn my attention towards the fact that he had filed an application being CM No.3441/2007 dated 3rd March, 2007, wherein he has prayed that one more substantial question of law be framed. He has enclosed one Khatoni which goes to show that the land in question vests with Gram Sabha. He pointed out that the courts below could not have passed the above said decree due to lack of jurisdiction.