UJJAIN DEVELOPMENT AUTHORITY Vs. BHANGALIDUTT VERMA

JUDGEMENT

(1.) The short question involved in this case is that as to whether the view taken by the First Appellate Court that the defects regarding filing of application for condonation of delay can be cured or not.

(2.) This second appeal is filed against the judgment dated 31.07.2019 passed in First appeal No.17-A/2019 by VII Additional District Judge, Ujjain whereby the First appeal preferred by the appellant was dismissed, as no application for condoning the delay of two days in filing the appeal was preferred by the appellant.

(3.) Learned counsel for the appellant would submit that the appeal was preferred on 26.04.2019. The reader of the First Appellate Court examined the limitation and found it within time. The appeal was admitted, stay application of the appellant was allowed, stay was granted but at the time of final hearing of the appeal, it was noticed that there was a delay of two days in filing the appeal, for which the application was not filed or delay was not explained, therefore, the First Appellate Court dismissed the appeal without considering the merits of the case.