Vague explanations do not suffice for condonation of delay; a sufficient cause must be established for delay in filing appeals.

JUDGMENT

Rekha Palli J. (Oral)

RFA 193/2022 & CM APPL. 21203/2022 (condonation of delay of 522 days).

1. The present appeal seeks to assail the judgment and decree dated 31.07.2018 passed by the ADJ-02, Patiala House Courts, New Delhi in CS No.57150/2016. Vide the impugned judgment, the learned Trial Court has decreed the respondent/plaintiff's suit for partition in respect of the property bearing No. 21 Bazar lane, Bengali Market, New Delhi.

2. The appeal is accompanied by an application seeking condonation of delay of 522 days in filing the appeal. Learned counsel for the appellant submits that appeal could not be filed within the prescribed time as the appellants were not aware of the final decree being passed against them on 31.07.2018. He submits that it was on account of the appellants' mother being hospitalized between 2017 to 26.08.2019 when she unfortunately expired, they could not appear before the learned Trial Court during the said period and were therefore not aware of the final judgment being passed by the learned Trial Court. He further submits the erstwhile counsel of the appellants did not inform them regarding the passing of the judgment and therefore, prays that the delay of 522 days in filing of the appeal, which is bona fide, be condoned.

3. Per Contra, the application is vehemently opposed by the learned counsel for the respondents who submits that the appellants have not only been utterly negligent in filing the appeal but have even otherwise, failed to provide any plausible justification in not filing the appeal within the prescribed time. They further contend that even otherwise, the application is wholly vague and does not even set out as to when the appellants learnt about the passing of the impugned judgment. They therefore pray that the application be dismissed

4. Before dealing with the rival submissions of the parties, it would be appropriate to note in extenso, the contents of the application based on which the appellants are seeking condonation of delay. The same read as under:

"1. That the appellants have filed this day above-mentioned in this Hon'ble Court under Section 96 CPC on various grounds, the contents whereof may be read as part and parcel of instant application as the same are not being reproduced for sake of brevity.

2. That there is delay of 522 days in filing the above-mentioned appeal in this Hon'ble Court. The delay has occurred unwillingly and beyond the control of the appellants due to serious ailments and hospitalization of the mother of the appellants from year 2017 to August, 2019 as she died during treatment in Ram Manohar Lohia Hospital, New Delhi and thereafter due to COVlD-19. Photocopies of some of medical papers of the mother of the appellants showing her continuous treatment in Ram Manohar Lohia Hospital, New Delhi are annexed herewith. During that period the paramount concern of the appellants was to save precious life of their beloved mother and nothing else.

3. That the appellants on account of serious ailments and hospitalization of their mother Rani Sharma in Ram Manohar Lohia Hospital, New Delhi from year, 20 17 to August, 2019, were not appearing before the Trial Court since year, 2017 and also due to serious ailment of Kidney disease and chest pain etc. of their mother since year, 2017 and further their learned Counsel in the High Court also misguided them not to appear in the Trial Court as original records have been summoned by this Hon'ble Court and as such no proceedings will take place before the Trial Court.

4. That the appellants came to know about the final decree passed by the Trial Court very recently and the appellants have suffered a great financial loss on twin b