PARAS NATH KESHARI Vs. DWARIKA PRASAD KESHARI

JUDGEMENT

(1.) THE petitioner, who is the respondent in Title Appeal No. 5/2008 has challenged the order dated 31.3.2008 passed by the District Judge, Garhwa whereby, he has ex -parte allowed the application filed by the appellant under Section 5 of the limitation Act and condoned the delay in filing the appeal.

(2.) THERE is no need to issue notice to the respondent in the limitation matter in view of the order that is passed herein below.

(3.) PRIMA facie either the District Judge is not aware of the procedure to be followed before condonation of delay or he has no elementary knowledge of law. It is well settled that right of appeal is a creature of statute. If the appeal is not filed within time provided in law, the appeal becomes barred and a right accrued to the other party. It is, therefore, mandatory for the appellate court to issue notice and hear the other side before passing the order condoning the delay in filing the appeal. A person in whose favour right