S.S. LAL Vs. RADHA RANI

JUDGEMENT

(1.) APPLICATION IA No. 2174/2003, has been filed under Section 5 of the Limitation Act seeking condonation of delay. There is a delay of more than 430 days in filing this first appeal under Section 96 of C.P.C.

(2.) THE appeal has been filed challenging the judgment and decree passed by 6th Additional District Judge, Jabalpur in Civil Suit No.78 -A/2000 by which the plaintiff's suit has been decreed and the appellant has been restrained from interfering in the peaceful possession of the plaintiff, further a declaration is also granted in favour of the plaintiffs on the basis of adverse possession. The delay of more than 430 days is explained in the application filed under Section 5 and, therefore, for the present we are required to see as to whether the delay has been explained in a reasonable and justifiable manner.

(3.) THE judgment and decree in the suit was passed by the Court below on 30.11.2001 and this appeal was filed as indicated after a period of more than 430 days on 05.05.2003. It is said in the application under Section 5 that the appellants even though permanent resident of Jabalpur are not presently staying in Jabalpur their address in the cause title are given in Bhopal.