GEETARANI GHOSH Vs. BHAGWATIBAI

JUDGEMENT

(1.) THIS order shall decide an application tiled by the appellant under Order 41, Rule 3(A) r/w section 151 CPC and section 5 of the Limitation Act alongwith the appeal memo against the judgment and preliminary decree vide dated 3.5.2000 passed by District Judge, Bhopal, in Civil Original Suit No. 57 -A/99.

(2.) THE material facts for disposal of this application are that the respondents No.1 to 5 being plaintiffs had filed a suit against appellant for declaration, possession and perpetual injunction in respect of landed property situated at village Chuna Bhatti, Bhopal. The same was decreed by the trial Court vide aforesaid judgment, in pursuance of it preliminary decree was also drawn up. It is not in dispute that appeal against the same was not preferred within prescribed limitation while it is preferred at belated stage alongwith IA No. 4282/02, the application for condonation of delay.

(3.) AFTER filing the reply of it on behalf of the respondents appellant has submitted in addition two more affidavits one of herself and another of Shri C.R. Dutta which were sworn on 2.1.2004. In both the affidavits some more factual matrix have been described which were not mentioned in the application and earlier affidavit. As such subsequent affidavit have been submitted just to rebut the objection of the respondents as raised in reply.