1. This is an application seeking condonation of delay in filing appeal.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing appeal is hereby condoned.
4. This application, accordingly, stands allowed.
Order Date :- 29.10.2014 SKS Court No. - 34 Case :- SECOND APPEAL DEFECTIVE No. - 242 of 2004 Appellant :- Madan Lal Respondent :- Smt. Asha Devi & Another Counsel for Appellant :- Rahul Sahai Hon'ble Sudhir Agarwal,J.
1. The delay in filing this appeal having been condoned vide order of date passed on delay condonation application, let the appeal be registered with regular number and the old number shall also continue to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two number.
2. This is plaintiff's second appeal under section 100 CPC having lost from both the Courts below inasmuch plaintiff's OS No. 114 of1989 which was dismissed by the Trail Court vide judgment and decree dated 7.3.1996 passed by V Addl Civil Judge, Mathura.
3. Both the courts below have recorded concurrent findings of facts which could not be shown perverse in any manner. It is not the case of the appellant that any relevant piece of evidence was ignored or any impermissible or irrelevant evidence was taken into account or there is any perversity, legal or otherwise, in the judgment impugned in this second appeal. I, therefore, do not find that any substantial question of law has arisen in this Second Appeal warranting consideration by this Court.
4. Dismissed.
Order Date :- 29.10.2014 SKS