PUSHPABEN DAYASHANKAR PANDYA Vs. JAGANNATH VALJI KAPADIA

JUDGEMENT

(1.) THE original plaintiffs in Civil Suit No. 400 of 1981 have preferred this Revision Application being aggrived by the order condoning the delay committed by the respondent in filing the appeal against the Judgment and decree passed in aforesaid suit.

(2.) THE petitioners filed the said suit for declaration that they are the absolute owners of the properties mentioned in the Schedule annexed to the plaint, that the respondent defendant in that suit, has no right, title and interest over or in respect of the suit properties and for injunction restraining the respondent from disturbing or interfering with their peaceful possession.

(3.) DURING the pendency of the aforesaid application for condonation of delay, the respondent obtained certified copies of the Judgment and decree in the suit on 3 -7 -1983 and filed an appeal against the said decree on 29 -7 -1983. As obviously, there was delay in filing this appeal, he filed Misc. Civil Application No. 190 of 1983 for condonation of delay in preferring the appeal. He sought the condonation on the ground that he was sick, and that he came to know about the decree for the first time on 1 -3 -1983 and that he could not arrange for the requisite funds within the time prescribed for filing the appeal.