SHANTI LAL Vs. ANWAR ALI ANSARI AND ANOTHER

JUDGEMENT

(1.) By the Court:

(2.) THE present application has been filed seeking condonation of delay of 539 days occurred in filing the second appeal against the judgment and decree dated 11.3.2010 passed by the Addl. District Judge, Ramganj Mandi, Kota in Regular First Appeal No. 5 of 2006, whereby the appellate court had confirmed the judgment and decree dated 13.12.2005 passed by the Civil Judge (JD), Kanwas, District -Kota. It is submitted by learned counsel Ms Anita Agarwal for the applicant appellant that the delay was caused as the applicant was suffering from health problem and he had acute backache problems. Learned counsel for the applicant -appellant relying upon the decision of Apex Court in the case of N. Balakrishnan vs Krishnamurthy, : AIR 1998 SC 3222, submitted that if the explanation is found satisfactory, the delay should be condoned. she further submitted that she has not attributed any negligence on the part of learned counsel, however, because the applicant did not know the legal intricacies, the appeal could not be filed within the prescribed time limit. Learned counsel Mr. suresh Bundela appearing for the respondents has objected against the condonation of the delay.