Adequate grounds are essential for condoning delay in filing appeals, and financial hardship claims must be substantiated to be considered valid in court.

1.) The subject matter of the present adjudication is the appeal under Order 41 Rule 1 read with Section 96 CPC against the impugned judgment dated 04.04.2019 passed by Ld. ASCJ, KKD Courts, Delhi in Civil Suit No.987p/2016. Vide the impugned order the Ld. Trial Court had dismissed the present suit. The appeal under consideration is also accompanied with an application dated 17.07.2019 seeking condonation of delay in filing the appeal. In the said application it is prayed that the delay of 100 days be condoned.

2.) Arguments as addressed by both the appearing parties heard.

3.) In the application seeking condonation of delay the only ground as stated therein is that 'due to lack of resources the appellant could not avail legal advice and hence could not file the appeal within the prescribed period'.

4.) As per the 'Second Division' of the Schedule to the Limitation Act, 1963 [Entry 116 (b)] the prescribed period for filing of appeal is-7 '30 days' reckoned from the date of decree or order. In the given context the impugned order was passed as on 04.04.2019 where the appeal under consideration has filed as on 19.07.2019. This way there was delay of87 days and not of 100 days as averred in application in hand.

5.) Now coming to the merits of the application in hand the only ground reflected therein is that of lack of resources to file the present appeal. As a matter of fact the suit had not been filed as an 'Indigent person'. Moreover, as per the averments made in the plaint itself the plaintiff/applicant/appellant has been in possession and has been running a Horticultural/ Agricultural Nursery in an area of approximately half an acre in the Geeta Colony area of East Delhi and it thus" becomes incomprehensible as to how he was lacking resources for filing the appeal; more so when he has in no way and nowhere shown any such financial incapacity/handicap so as to lean towards him.

6.) Thus, as a matter of fact there was no ground at all for the delay in filing the appeal and there is no explanation at all (leave aside the day to day explanation for each day of delay) for the delay of approximately 3 months in filing the present appeal.

7.) Accordingly, the application seeking condonation of delay is found and held to be devoid of merits/grounds and is hereby disposed of as dismissed. As the application seeking condonation of delay has been dismissed, the appeal in hand is bound to follow on the footsteps of the same. Hence, the Appeal under consideration also stands disposed as dismissed being time barred. Decree-sheet be prepared accordingly and consigned to record room.

Announced in the open court on 10th February, 2022.

(EAST) KARKARDOOMA COURT DELHI

(Arising from the judgment dated 04.04.2019 passed by Ld. Additional Senior Civil Judge, Karkardooma Court, Delhi in Civil Suit No. 9876/2016)

In the matter of:

Bhagwan Singh ... Appellant