ISHA @ YUSUF KHAN Vs. HAZI RASHID

JUDGEMENT

(1.) Heard on I.A. No. 10890/2013, an application for condonation of delay.

(2.) This second appeal, filed by the defendant/appellant is directed against the judgment and decree dated 18.02013 passed in Civil Appeal No.1-A/2013, by the Third Additional District Judge, Damoh (M.P.), arising out of judgment and decree dated 24.10.2005 passed in C.S. No.25-A/2005 by Civil Judge Class I, Hatta, district Damoh, whereby the suit filed by the plaintiff was decreed.

(3.) Briefly stated, plaintiffs/respondents filed a suit for specific performance against the defendant/appellant, which was decreed on 24.12.2005. An appeal against the same was preferred alongwith an application under Sec. 5 of the Limitation Act. However, the application under Sec. 5 of the Limitation Act was rejected by the appellate Court, consequently the appeal under Sec. 96 of the Civil Procedure Code also stood dismissed. Aggrieved by the same, the appellant is before this Court in second appeal. Alongwith this memo of appeal, an application under Sec. 5 of the Limitation Act for condonation of delay has also been filed.