ASHOK KUMAR Vs. BHAURA KUMHAR

JUDGEMENT

(1.) IN this application, the petitioners have prayed for condonation of delay in filing C.M.P. being C.M.P. no.223 of 2012.

(2.) IT has been stated that the petitioners had preferred Second Appeal being S.A. no.105 of 2004. They had engaged their counsel, who had assured the appellants to look after the case and inform about the development of the appeal. The petitioners waited for a long time, but did not get any information. Whenever the petitioners enquired about the case, they were told that their appeal is pending. The petitioners' counsel -Mr. Upendra Prasad died on 13.01.2011. The petitioners enquired from other counsel attached to his office, but they were unable to provide any information. The petitioners then contacted another counsel of this Court, who gathered information by searching the case through Internet and found that the petitioners' appeal was dismissed long back on 07.10.2004.The petitioners on getting information instructed the counsel to take appropriate step for restoration of the appeal. Thereafter, Miscellaneous Petition was filed, but in the process, there was long delay of more than 2000 days. The petitioners, thus, filed this application for condonation of delay in filing C.M.P. no.223 of 2012.

(3.) IT has been further submitted that the Second Appeal had arisen out of the Title Suit, which is in respect of immovable property involving an area of more than three acres of land. The petitioners shall suffer irreparable loss and injury and shall be highly prejudiced, if the delay in filing C.M.P. is not condoned.