STATE OF M P Vs. CHIRONJILAL

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 8.4.1994 passed by the Court of 1st Additional District Judge Morena in Civil Appeal No.41A of 1982 confirming the judgment and decree dated 22.7.1982 passed by the Court of Civil Judge Class II, Sablagarh, District Morena in Civil Suit No.6A of 1979 whereby, the suit filed by the plaintiff for mandatory injunction and permanent injunction was dismissed. However, the learned appellate Court has held that the disputed agricultural land belonged to the endowment made to the temple of Lord Ram Chandra. In this appeal, the appellant is referred to as "plaintiff" and the respondents No.1(1 -6) as "defendants".

(2.) Heard I.A.No.2289 of 2013, an application under Section 5 of the Limitation Act filed by the appellant for condonation of delay in filing the appeal.

(3.) Learned counsel for the appellant submits that the limitation to prefer the appeal has already expired on 7.11.1994 way back. The information of the order dated 31.5.2012 for restriction passed by the High Court in W.P.No.3814 of 2012 could reach the appellant authorities, thereafter, immediately on receiving the said information, the authorities concerned requested the Collector to seek sanction to file appeal in the matter, who in turn wrote to the Secretary of the State of M.P., Department of Revenue on 8.10.2012 for according sanction. In response to the aforesaid letter, vide order dated 19.11.2012, OIC was appointed who after collecting relevant information and documents from the office Additional Advocate General Gwalior, got an appeal drafted and immediately thereafter, this second appeal has been filed. The delay caused in filing of this appeal is based on non -receipt of the information of the impugned judgment and decree so the appeal could not be filed in time. The counsel further argued that the time spent over the official proceedings in getting sanction from Secretary of State of M.P., Department of Revenue is bona fide itself. The limitation law is procedural law so liberal approach has to be adopted in considering the condonation of delay, hence, keeping in view the legal question involved in the matter and the fact that the delay is bona fide, the limitation for filing the appeal, deserves to be condoned.