RAM SAJEEVAN Vs. RAM DAYAL PATEL

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the judgment and decree dated 30.9.1998 passed by the 3rd Additional District Judge, Satna in C.A. No. 3(A)/98, by which the judgment and decree dated 21.9.1998, passed by the Civil Judge Class 1, Nagaud, District Satna, in C.S. No. 55(A)/94, has been affirmed and the appeal filed by the appellants has been dismissed on the. ground that it is barred by limitation by nine days.

(2.) The learned counsel appearing for the appellants submits that following substantial questions of law arise for adjudication in the appeal : -

(3.) The learned counsel appearing for the respondent, per contra, vehemently opposes the submissions of the learned counsel for the appellants and submits that the first appellate Court has rightly dismissed the appeal filed by the appellants as he has failed to give explanation for the day to day delay and he cannot be exempted from giving such an explanation only on the ground of filing a medical certificate.