(1.) Despite service none appears on behalf of the respondent No.1 to press this petition.
(2.) This petition has been filed assailing the order dtd. 27/5/2024 (Annexure P/6) passed in MJC No.247 of 2023 by the Fourth Additional District Judge, Rewa whereby the application filed by the petitioners under Sec. 5 of the Limitation Act for condonation of delay in filing the appeal under Sec. 96 of the CPC has been rejected.
(3.) The case of the petitioner is that the petitioners had filed a civil suit for declaration and permanent injunction for the part of the land bearing Khasra No.321/1, Area 0.80 Acres, situated at Village Badraon, Tahsil Huzur, District Rewa pleading interalia that the disputed land belongs to husband of petitioner No.1 and father of petitioners No.2 and 3. The respondent No.1 got executed a forged Will in his favour for the part of the land admeasuring Area 3850 square feet and on the basis of said forged Will made an application before the Tahsildar, Tahsil Huzur, District Rewa for mutation. The petitioners have filed their objection. Thereafter the respondent No.1 again filed an application for mutation and without issuing notice to the petitioners, the order dtd. 27/3/2010 has been passed on the basis of Will and the name of respondent No.1 has been recorded in revenue record and thereafter the petitioners made appeal before the Sub Divisional Officer, Tahsil Huzur, which was rejected. The petitioners made complaint before the Superintendent of Police, Rewa to take action against the respondent No.1, but nothing has been done. That, the respondent No.1 filed a written statement before the trial Court. Thereafter the evidence of both parties have been recorded before the learned trial Court and the learned trial Court after considering the evidence adduced by both the parties rejected the civil suit vide judgment and decree dtd. 30/1/2023. Being aggrieved by the judgment and decree dtd. 30/1/2023 passed by learned Civil Judge, Class- II, Rewa, the petitioners preferred an appeal before the learned Additional District Judge, Rewa under Sec. 96 Read with Order 41 Rule 1 of the CPC along with an application under Sec. 5 of the Limitation Act to condone the delay in filing the appeal. The respondent No. 1 filed reply to the application. The learned Appellate Court has rejected the application on the ground that the delay of 26 days in filing the appeal caused by the petitioners is not bonafide, but deliberately, they have not filed first appeal. Hence, this petition.