BHANUPRATAP SINGH Vs. GHANSHYAM KUMARI

JUDGEMENT

(1.) THE present first appeal under Section 96 of CPC, 1908, filed by the appellants/plaintiffs is pending for last six years on the defect side. The present first appeal was filed on 03.05.2008 by the appellants/plaintiffs with a delay of 271 days as pointed by the office, assailing the impugned judgment and decree dated 08.05.2007 passed by learned Additional District Judge, Fast Track No.4, Jodhpur, dismissing the plaintiffs' suit for partition.

(2.) AN application has been filed under Section 5 of the Limitation Act for condonation of delay along with first appeal, which application is supported by the affidavit of appellant No.1, Bhanupratap Singh. The said application was filed on 03.05.2008. The averments made in the affidavit in support of application u/s 5 of the Limitation Act reads as under: -

(3.) THE said first appeal is still listed for last six years in the defect side. Today also, the matter has come up on an application (IA No.4434/14) filed by the plaintiffs/appellants under Order 22 Rule 3 and 11 r/w Section 151 CPC for bringing the legal representatives of the plaintiff/appellant No.3, Smt. Neera Kumari, who is said to have expired on 04.06.2012 leaving behind her two legal representatives, namely, Karni Singh and Lakshita. The said application (IA No.4434/14) has been filed with a delay of about 2 years, therefore, an application under Section 5 of the Limitation Act has also been filed for seeking condonation of the delay occasioned in filing the same, which is supported by affidavit of legal representative of Smt. Neera, namely, Karni Singh S/o Sh. Hanwant Singh. The averments made in the said affidavit in support application u/s 5 of the Limitation Act (IA No.507/14) reads as under: -