R.R. Yadav, J.-This is defendants’ second appeal filed by the Urban Improvement Trust, Jodhpur as well as Tehsildar, Urban Improvement Trust, Jodhpur against the Judgment and decree dated 8-12-1995 passed by the learned Additional District Judge, No. 3, Jodhpur in Civil Appeal No. 24 of 1994 whereby he refused to condone the delay under Section 5 of the Indian Limitation Act and dismissed the appeal on the ground of limitation.

2. Brief facts necessary for disposal of the instant second appeal are that plaintiff-respondent Poonam Chand filed a Civil Suit No. 13 8/94 for permanent injunction over the disputed land measuring 6825 Square Yards situated in city of Jodhpur. The aforesaid suit was decreed by the learned trial Court on 12-9-94 but as the Counsel engaged on behalf of the defendant-appellants did not inform about the Judgment and decree dated 12-9-94 passed by the learned trial Court, therefore, an appeal could not be filed by the defendant-appellants within limitation.

3. After getting information about the Judgment and decree dated 12-9-94, the defendant-appellants applied for certified copies of Judgment and decree of the learned trial Court with promptitude and