BALU RAM Vs. GHASI RAM

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) THIS appeal is barred by 1088 days. Learned Counsel for Appellants has moved an application under Section 5 of the Limitation Act for condonation of delay of 1088 days in filing the second appeal. The Appellants have explained the delay in para Nos. 2 to 6 of the application, which are reproduced as under:

(3.) THAT the Appellants came to know about the decision of the appeal filed by the Plaintiff/Respondent only when the execution warrant of the decree has been issued by the executing court. No information was ever received by the Appellants from their counsel regarding decision of the appeal against them. The Appellants were in this impression that the appeal was pending, whereas the appeal was decided on 07.12.2005 and after knowing the decision of the appeal, they applied for certified copies of the judgments and after receiving the certified copies of the judgments and decrees they rushed to Jaipur and contacted That the counsel for the Appellants after receiving the certified copies of the judgments drafted the appeal and thereafter without any further delay filed the appeal before this Hon'ble Court.