PUNNA DHOBI Vs. DASHRATH SALLA DHEEMAR

JUDGEMENT

(1.) By this second appeal under Section 100 of the CPC, the plaintiff in the suit has challenged the judgment of the First Appellate Court dated 03.04.1998 whereby the appeal has been dismissed on the ground of delay.

(2.) The appellant had filed the suit for declaration and possession, which was dismissed by the Trial Court vide judgment dated 06.05.1995, against which the First Appeal No.48-A/1995 was filed by the appellant. Since there was a delay of 28 days in filing of the appeal, therefore, an application for condonation of delay was filed. The First Appellate Court vide judgment in the appeal has held that the delay has not been sufficiently explained, therefore, has dismissed the application for condonation of delay. Accordingly, the first appeal has also been dismissed.

(3.) This Court vide order dated 22.06.1998, while admitting the appeal, had formulated the following substantial questions of law: