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KHATIM REZA
Principal Secretary, Road Construction Department, Government of Bihar, Patna – Appellant
Versus
Punam Kumari Sharma – Respondent
ORDER
Re: I.A. No. 46 of 2019
This interlocutory application has been filed for condoning the delay of 5 years and 6 months in filing the memo of appeal.
2. This Second Appeal has been filed against judgment and decree dated 09.02.2012 and 16.04.2013 passed in Title Appeal No. 23 of 2012 by Ad hoc Additional District Judge-V, Muzaffarpur, whereby the judgment and decree passed in Title Suit No. 632 of 2008 by Sub Judge-IV, Muzaffarpur has been affirmed against defendant nos. 1 and 2/respondent nos. 2 and 3 along with a petition seeking leave to file Second Appeal against the impugned judgment and decree. However, the appellants were not party to the suit. The said application for seeking leave to file Second Appeal has been allowed vide order dated 11.05.2023.
3. Heard Mr. P.K. Shahi, learned Advocate General assisted by Mr. S.D. Yadav, learned AAG-9, appearing on behalf of the appellants and Mr. Aditya Shankar Prasad, learned counsel for the respondent no. 1 appearing on behalf of the respondent no. 1.
4. Learned senior counsel for the appellants submits that the aforesaid suit was filed against the State of Bihar through the District Collector, Muzaffarpur and Circle Officer, Kanti, M
The main legal point established in the judgment is that the explanations provided for the delay in filing the appeal were insufficient and did not constitute a sufficient cause for condonation. The ....
The court ruled that the petitioners failed to establish sufficient cause to condone a 1325-day delay in filing an appeal, emphasizing the necessity of a bona fide explanation under the Limitation Ac....
The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
The main legal point established in the judgment is that the expiration of the period of limitation gives rise to a right in favor of the decree holder to treat the decree as binding between the part....
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