Court No. - 5
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1695 of 2017
Appellant :- Vinod Mishra & 4 Others
Respondent :- Nawal Kishore & 16 Others
Counsel for Appellant :- Shahid Ali Siddiqui,Shamsuddin Ahmad
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Salil Kumar Rai,J.
In Re: Civil Misc.Delay Condonation Application No.399195 of 2017
The appeal has been preferred beyond time by 106 days. The appellants have filed an application under Section 5 of Limitation Act to condone the delay. In paragraph 4, 5 and 6 of the affidavit the delay has been explained by the appellants wherein it is stated that due to financial problem the appeal could not be filed in time. A perusal of paragraph nos. 2 to 4 of the affidavit indicates that on legal advice received by the appellants from their counsel, they managed the money for legal expenditure.
A counter affidavit has been filed by the respondents wherein such statement of fact has been denied. We find that in paragraph 14 of the said affidavit it has been stated that the appellant has received the part of the consideration money in several installments even much before the filing of the original agreement to sell. The said agreement to sell which has been executed by the appellant is on the record of the companion First Appeal From Order No. 2456 of 2017. A perusal of the same shows that total consideration is Rs.1.0 crore and half of the amount has been received by the appellant.
Learned counsel for the respondents submits that the only ground mentioned by the appellant is financial crisis. He has pointed out that the fees of First Appeal From Order is only Rs.5.0 and the appellant has received Rs. 50.00 lakhs and thus a false statement has been made by the appellant.
We are not satisfied with the cause shown in the affidavit. The appellants were respondents in the companion appeal and they has full knowledge about the fact. The statement made is not correct. We are of the view that the appellants have failed to satisfy the Court regarding entertainment of this application.
Accordingly, the Section 5 application is rejected.
Order on Appeal In view of the order passed on Civil Misc.Delay Condonation Application No.399195 of 2017 the appeal stands dismissed.
Order Date :- 30.10.2018 MAA/-