TAHAL SINGH Vs. JAGGA SINGH

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 01.08.2008 passed by Additional District Judge, Raisingh Nagar, District Sri Ganganagar, whereby, the suit filed by the appellants for specific performance has been rejected by the trial court.

(2.) The office has reported that the appeal is barred by 1916 days i.e. about 51/4 years. An application under Section 5 of the Limitation Act, 1963 ('the Act') has been filed by the appellants, inter alia, with the following averments:-

(3.) That the delay in filing the annexed civil first appeal is absolutely inadvertent one and is owning to the lack of communication with the lawyer appearing before the trial court resulting into lack of knowledge about passing of the impugned judgment and decree. The appellants are in possession even till date and the defendants never made any efforts either to take the possession or to intimate the appellants regarding the impugned judgment and decree in order to take possession. This fact itself shows the bona fides of the appellants and the fact regarding lack of knowledge about the passing of the impugned judgment and decree. The time consumed after getting to know about passing of the judgment and decree was for the reason that the appellants contacted an advocate at Sri Ganganagar and got the proper advice only from him and thereafter it took time for the appellants to arrange for the required expenses to file an appeal before this Hon'ble Court. Hence, the delay caused in filing this appeal is an inadvertent and boanfide one, which deserves to be condoned in the interest of justice."