Court No. - 5
Case :- SECOND APPEAL DEFECTIVE No. - 368 of 2020 Appellant :- Lalta Prasad Respondent :- District Judge Bareilly And 2 Others Counsel for Appellant :- Piyush Kumar Srivastava
Hon'ble Saral Srivastava,J.
Order on Delay Condonation Application. Heard learned counsel for the appellant.
The present appeal has been preferred challenging the judgement and decree dated 31.05.2012 passed by the Civil Judge (Junior Division), Hawali, District Bareilly in Original Suit No.121 of 2006 (Jhamman Lal Vs. Lalta Prasad) whereby the suit of the plaintiff-respondent for cancellation of sale deed dated 20.09.2004 has been decreed and the judgement and decree dated 28.10.2013 passed by the Additional District and Sessions Judge, Court No.11, Bareilly dismissing the Civil Appeal No.07 of 2013 (Lalta Prasad Vs. Jhamman Lal).
Stamp Reported has reported the delay of 2517 days in filing the present appeal.
In the affidavit filed in support of the delay condonation application, the appellant has stated that he was residing in Mumbai and therefore, he could not prefer the appeal. Paragraphs 1 to 3 of the affidavit are extracted herein-below:-
"1. That the deponentis sole appellant in the above noted case and such he is well aware with the facts of the case deposed to below. The copy of the I.D. proof of the deponent is being appended with this affidavit.
2. That the appellant is very poor person, he is doing labour work at Mumbai and did not return back to his village about 7 years therefore the present second appeal could not be filed within time and the delay has been occurred.
3. That the delay in filing the present second appeal is neither deliberate nor intentional but due to bonafide reasons and as such the delay if any may kindly be condoned in the interest of justice."
The delay of about seven years has occurred and no proper explanation has been given by the appellant for condoning the delay. Therefore, no case for condoning the delay is made out.
Accordingly, the delay condonation application is rejected.
Order on Appeal.
The delay condonation application has been rejected, consequently, the appeal is also dismissed.
Order Date :- 6.1.2021 S.Sharma