ABHEY RAM Vs. PARVEEN

JUDGEMENT

(1.) PETITIONERS have filed this petition challenging the order dated 23.12.2014 (Annexure P1) whereby application moved by the petitioners seeking condonation of delay in filing the appeal, was dismissed.

(2.) LEARNED counsel for the petitioners has submitted that the delay in filing the appeal was not deliberate or intentional. In fact, the petitioners were in custody and could not file the appeal within the prescribed period of limitation. Petitioners came to know about the passing of the judgment and decree dated 16.4.2013, when they had moved an application for copy of the jamabandi on 3.9.2014 and the petitioners came to know that their land had been attached in execution of the decree dated 16.4.2013. In support of his argument, learned counsel has placed reliance on Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy and others, 2013 4 RCR(Civ) 785 wherein it has been held as under: -

(3.) RESPONDENTS had filed a suit for recovery of Rs. 8,00,000/ - along with interest @ 12% per annum as damages/compensation on account of murder of Shamsher Singh. Suit filed by the respondents was decreed vide judgment/decree dated 16.4.2013 (Annexure P4). A perusal of the judgment dated 16.4.2013 reveals that the respondents were represented by their counsel -Rajesh Vadhera before the trial Court. Petitioners filed an appeal against the judgment/decree dated 16.4.2013 along with an application under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal.