SANT KUMAR SINGH Vs. NANKU SINGH

JUDGEMENT

(1.) This is a delay condonation application filed under Sec. 5 of the Limitation Act seeking to condone the delay in preferring the present Civil Revision under Sec. 115 of the Code of Civil Procedure.

(2.) The office has reported a delay of 15 years and 244 days, and by the present application, the applicant-revisionist asks this Court to condone the said delay.

(3.) The facts leading to this delay condonation application are required to be briefly recounted in order to appreciate whether a sufficient cause is made out to condone the long delay of 15 years and 244 days in preferring the Revision. The defendant is the judgment debtor of Original Suit No. 11 of 1982, which was decreed in favour of the plaintiff-opposite party no.1 on 19/5/1983. The suit was one for specific performance of contract relating to sale of land. The applicant-revisionist and the opposite party no.2 preferred a First Appeal to this Court being First Appeal No. 274 of 1983. The First Appeal aforesaid was partly allowed on 19/12/1997 and this Court directed the plaintiff-opposite party no.1 to deposit Rs.25,000.00 within a period of four months. The plaintiff-opposite party no.1 was held entitled to adjustment of Rs.5,000.00 while making the deposit, in case he had already made good that amount before the Execution Court.