BARELAL Vs. NARVADI

JUDGEMENT

(1.) HEARD on I.A. No. 845/11, which is an application seeking condonation of delay to file this appeal. As per the office notesheet this appeal has been filed as barred by time by 1076 days.

(2.) THE facts of the present case are that this appeal has been filed on 8.11.10 under Section 100 of Code of Civil Procedure against the judgment and decree dated 17.10.08 passed by the Additional District Judge, Ganjbasoda, District Vidisha in Civil Appeal No. 25A/2008. Application seeking condonation of delay to file appeal has been filed on 21.2.11. On passing the judgment and decree by the lower appellate court, the application to obtain the certified copy was applied on 24.10.08 which was received on 3.12.08. After deducting the period spent in obtaining the certified copy the appeal ought to be filed on 18.3.08 but it is presented on 8.11.10 causing such delay.

(3.) THE reply to the said application has been filed by other side inter alia containing that the explanation is not plausible and sufficient to condone the delay and also based on incorrect facts. Looking to averments of para 4 and the affidavit which has been sworn at Ganjbasoda, the fact of contacting the Advocate at Gwalior is incorrect and not based upon bonafide. In view of the foregoing prayer is made to dismiss this appeal as barred by limitation.