BASHIR KHAN Vs. JAMILA BI

JUDGEMENT

(1.) The petitioners/plaintiffs have filed the present revision u/s. 115 of the C.P.C. being aggrieved by order dated 12.1.2019 whereby learned 8th Addl. District Judge, Indore has allowed the application filed u/s. 5 of Limitation Act along with the appeal by the respondents.

(2.) Facts of the case taken from Criminal Revision No.162 of 2019, in short, are as under :

(3.) Learned counsel appearing for the petitioners/plaintiffs submits that the respondents have failed to explain the delay of 224 days by giving any sufficient explanation. They obtained the certified copy on 28.8.2018 hence, the appeal ought to have been filed on 26.4.2018. They were in regular contact with their counsel appeared before the Executing Court and thus, the ignorance of law cannot be execused, therefore, the delay is not bona fide. Learned Addl. District Judge has mechanically condoned the delay. In support of his contentions, he has placed reliance over the judgment of apex Court in the case of Ashok Kumar V/s. District Magistrate : 2012 (3) MPLJ 346; and judgment of Division Bench of this Court in the case of State of M.P. V/s. Ranjana Yogi : 2014 (4) MPLJ 1; and judgment of Single Bench of this Court in the case of Smt. Sangeeta V/s. Narayan (Civil Revision No.181/2015 decided on 21.6.2016).