SH. HEMANT KUMAR Vs. SH. RAJ KUMAR

JUDGEMENT

(1.) Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. No.25552/2017 (for condonation of delay)

(2.) For the reasons stated in the application, delay of 959 days in filing the appeal is condoned and this is especially for the reason that the sole defendant in the suit did not appear, did not cross- examine the witnesses of the appellants/plaintiffs and nor lead evidence, and as is noted by the trial court in paras 4 and 5 of the judgment of the trial court. Thus once the respondent/defendant was ex-parte there is no prejudice caused to him by condoning the delay.

(3.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the appellants/plaintiffs impugning the judgment of the trial court dated 27.8.2014. As already stated above, since the defendant in the suit was ex-parte, and he did not lead evidence, there is hence no need of issuing any notice in the appeal to the respondent/defendant.