SURESH PRASAD TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The present revision petition is filed under Section 115 of the Code of Civil Procedure, challenging the order dated 30.08.2018 passed by 2nd Additional Judge to the Court of 1st Additional District Judge, Satna in M.J.C. No. 14/2017 whereby the application under Section 5 of the Indian Limitation Act filed by the non-applicant has been allowed.

(2.) The facts in short is that the present applicant had filed a Civil Suit No. 28-A/2011 for declaration of title and permanent injunction against the non-applicant contending that they are owner of the agricultural land bearing Khasra No. 502 since their ancestors but the revenue record was manipulated and the same was recorded as Government land. Respondents/State was represented on 20.06.2015 but no written statement was filed and ultimately they were proceeded ex-parte and the suit was decreed on 29.09.2015. It is submitted by him that the trial Court has taken note of the fact that the non- applicant came to know about the judgment and decree on 30.11.2016 but the appeal was filed on 26.12.2016.

(3.) The respondents challenged the judgment of the Civil Suit by filing an appeal under Section 96 of the Code of Civil Procedure after expiration of limitation with delay of 15 months. By the impugned order the trial Court has condoned the delay by allowing the application under Section 5 of the Limitation Act.