OM PRAKASH Vs. CHAIN SINGH AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the Appellant on the application under Section 5 of the Limitation Act for condonation of delay of 1272 days in filing application for restoration of first appeal.

(2.) BRIEFLY stated the facts of the case are that the Appellant filed first appeal before this Court on 26.08.2003 against judgment and decree dated 05.08.2003 passed by Additional District Judge, Bandikui, whereby Plaintiff -Respondents No. 1 to 3's suit for cancellation of sale deed dated 23.08.1995 and for permanent injunction was decreed. No. court fees was paid on first appeal and an application under Section 149 read with Section 151 Code of Civil Procedure was filed for extension of time to deposit court fees. The application remained pending for almost more than four years and during that period also, court fees payable on appeal was not filed. The matter was listed before this Court on 29.10.2007. This court again granted one week's time to deposit the court fees on first appeal, failing which first appeal as well as stay application were ordered to be dismissed automatically without reference to the Court. Order dated 29.10.2007 passed by this Court is reproduced as under:

(3.) ORDER dated 29.10.2007 was passed in presence of learned counsel for the Appellant, but neither court fees was paid, nor any application for further extension of time was filed or any application for restoration of the appeal was filed in time.