NAZMA BEGUM Vs. ALI ABBAS

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the CPC impugns the order (dated 29th August, 2014 in RCA No.48/2013 of the Court of Additional District Judge, East) of dismissal of First Appeal, under Section 96 of the CPC preferred by the appellant / defendant against the judgment and decree [dated 26th March, 2013 in Suit No.197/2012 (old No.10/2004) (Unique case ID No.02402C0475502004)] for recovery of Rs. 1,29,625/- together with interest and costs in favour of the respondent / plaintiff and against the appellant / defendant, as a consequence of dismissal of the application accompanying the First Appeal for condonation of 41 days delay in filing the First Appeal.

(2.) This appeal is also accompanied with an application for condonation of 1413 days delay in filing thereof.

(3.) The appeal along with the application for condonation of delay came up before this Court first on 20th July, 2018 when, besides observing that prima facie no satisfactory explanation for condonation of delay had been given, it was enquired from the counsel for the appellant / defendant / judgment debtor as to how the second appeal is maintainable when there is no judgment and decree of the First Appellate Court and on request of counsel for the appellant, the hearing adjourned to today.