SHAKUN BAI Vs. SUNDER BAI

JUDGEMENT

(1.) This appeal is by the plaintiffs, which was admitted by a Bench of this Court on the following substantial question of law :-

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiffs filed a suit seeking relief of declaration that they are entitled to receive pensionary benefits of deceased Chandulal. The plaintiffs also sought for permanent injunction restraining the defendant No.2 from making any payment of amount in question to anyone else. The trial Court vide judgment and decree dated 18.2.2007 dismissed the suit filed by the plaintiffs.

(3.) The plaintiffs filed an appeal against the impugned decree on 19.8.2008 along with an application for condonation of delay. The respondents were served with the notice of application under Section 5 of the Limitation Act, 1963. However, they neither entered appearance nor filed any reply to the application for condonation of delay. The lower appellate Court vide impugned judgment dated 27.4.2009 inter-alia held that no sufficient cause for condonation of delay in filing of the appeal is made out. Accordingly, the application as well as the appeal preferred by the appellants was dismissed.