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2023 Supreme(SC) 938

A. S. BOPANNA, BELA M. TRIVEDI
Raheem Shah – Appellant
Versus
Govind Singh – Respondent


Advocates Appeared:
Mr. Vikas Upadhyay, Advocate, Mr. Nitin Gaur, Advocate, Mr. Kaustubh Anshuraj, Advocate, Mr. Kuber Boddh, Advocate, Mr. Arjun Singh Tomar, Advocate, Ms. Ankita Kashyap, Advocate, for the Appellant; Mr. Abhishek Vikas, Advocate, Mr. Anshuman Shrivastava, Advocate, Mr. Abhijeet Shrivastava, Advocate, Mr. Abhishek Sharma, Advocate, for the Respondent.

JUDGMENT

Leave granted.

1. Heard learned counsel for the parties and perused the appeal papers.

2. Respondent No.1 herein is the plaintiff in the original suit bearing Civil Suit No.3 A/02. The suit was decreed by the trial court through its judgment dated 01.10.2005. The appellants herein who were the defendants No. 1 and 2 in the suit filed a Regular First Appeal under Section 96 of the Civil Procedure Code assailing the said judgment. Since there was delay of 52 days in filing the appeal, an application under Section 5 of the Limitation Act was filed seeking condonation of delay. The lower Appellate Court through its judgment dated 08.10.2010 had dismissed the appeal bearing Civil Appeal No.35A/2005 on the ground of limitation holding that the delay has not been properly explained and had consequently dismissed the appeal. Against the said judgment, the appellants were before the High Court of Madhya Pradesh in a Second Appeal bearing No.1185/2010. The Second Appeal has been dismissed by the High Court through its judgment dated 16.04.2015 on the ground that there is no question of law for consideration.

3. It is in that light, the appellants are before this Court in this appeal. At

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