HANUMAN PRASAD GUPTA Vs. RAM BAHOR MISHRA

JUDGEMENT

(1.) Parties are heard on IA No.14719/15 filed under section 5 of the Limitation Act. The appellant prays to condone the delay of 44 days on the ground that (i) After passing the decree, the parties tried to settle the matter out of the court with a mediator Shri K.P.Katare but the matter could not be settled. This mediation proceeding consumed some time. Thereafter, the appellant was advised complete bed rest from 15.08.2015 to 27.10.2015 and he was under treatment of C.M.O, Rewa. Shri Sushant Ranjan, learned counsel for the appellant submits that the appellant has shown sufficient cause for belatedly filing the present appeal and hence delay may be condoned.

(2.) Shri Lalwani, learned counsel for the respondent opposed the said prayer and contended that there is no proof of any mediation proceedings being undertaken nor any medical documents are filed in support of the said application. Thus, the application may be rejected. I have heard the parties on this aspect.

(3.) The instant application was filed on 14.11.2015. Till date the respondent has not chosen to file the reply and rebut the factual allegations mentioned in the said application. The application is supported by the affidavit of the appellant. In absence of any rebuttal to the factual foundation/ averments of said application, I am not inclined to reject this application in which a little delay of 44 days is sought to be condoned. I am satisfied that sufficient cause for delay has been shown and accordingly, the IA is allowed. The delay is condoned.