DINESH KUMAR Vs. CHANDERKALA AND ANOTHER

JUDGEMENT

(1.) The matrix of the facts, relevant for disposal of present applications, for condonation of delay is that the applicant-appellant filed the main appeal in this Court on 8.3.2006 presumably within limitation. According to the Registry, as there was a delay of two days in filing the appeal, therefore, the same was returned with the following objections:-

(2.) Having removed the objections, the applicant-appellant re-filed the appeal on 8.12.2009 with 1st application for condoning the delay of 2 days in filing the appeal and 2nd application for condonation of delay of 1371 days in re-filing the appeal, invoking the provisions of section 5 of the Limitation Act and section 151 CPC.

(3.) Concisely, the case set up by the applicant in his application for condonation of delay of 2 days in filing the appeal was that after the decision of first appellate Court, he collected the documents and other record from the counsel in the trial Court and due to financial crises, he could not manage to purchase the Court fees for filing the appeal and thus the delay of two days occurred in filing the appeal.