PUSA RAM Vs. HARIRAM

JUDGEMENT

(1.) THIS appeal is reported barred by 2664 days. An application under Section 5 of the Limitation Act has been filed by the appellants -applicants seeking condonation of delay, inter -alia, on the ground that the impugned judgment was passed on 12.11.2001, however, as the appellants were minor and were not aware of the pendency of the suit, they have no occasion to know about the pending proceedings and the delivery of judgment. It is thereafter claimed that it was only on 25.1.2009 when the appellants' relative informed them about the fact of filing of the suit by their mother that they came to know about filing of the suit and after tracing the counsel, who in -turn traced the file and after applying certified copies of the judgment, the present appeal has been filed.

(2.) IT is also claimed that qua the appellants No. 3 & 5 as the appeal has been filed within three years from the date of their attaining the majority, the appeal is within limitation qua the appellants No. 3 and 5 and therefore, the delay deserves to be condoned.

(3.) LEARNED counsel for the appellants -applicants submit that the mother of the appellants, who was one of the plaintiffs had died during the pendency of the suit and at the time of filing of the suit, the appellants were minor and were not aware about the pendency of the suit and as soon as they became aware of filing of the suit and its decision, the appeal has been filed without any further loss of time, as such, the delay deserves to be condoned.