2007 Supreme(Raj) 2191
RAJASTHAN HIGH COURT
Prakash Tatia, J.
Smt. Radha Devi and another - Appellant
Versus
Pyari Bai and others. - Respondent
S.B.Civil Second Appeal No.3192 of 2006 DR(J).
Decided On : 24-10-2007
Advocates:
For the Appellant:Mr.V. Rajpurohit, Advocate.
Headnote:Civil Procedure Code, 1908 – S. 100 – Limitation Act, 1963 – S. 5 – there was delay of 151 days in filing second appeal. The applicant was given condonation of delay on ground of his being poor. It was held that total court fees payable on appeal is Rs. 30/ so Application under – S. 5 of Limitation Act is liable to be dismissed. Accordingly the Second appeal is also dismissed.
JUDGMENT
1. - Heard learned counsel for the appellants on application filed under Section 5 of the Limitation Act.
2. The appeal has been preferred after delay of 151 days in a matter where the trial court granted mandatory injunction decree and the appeal was dismissed on 5.10.2005. The appeal was presented on 3.6.2006 and application for condonation of delay has been filed on 10.7.2007. The only ground given in the application for condonation of delay is that because of poor financial condition of the appellant, the appellant could not prefer the appeal in time. The total court fees payable on appeal is Rs.30/-
3. The appeal was preferred after a delay of 151 days and the application for condonation of delay was filed after more than one year from the date of filing of the appeal. Secondly, no ground is made out for not preferring the appeal in time in a case where the decree for mandatory injunction was granted and the court fees is only Rs.30/- and the only ground is appellant's poor financial condition.
4. In view of the above, the application filed under Section 5 of the Limitation Act deserves to be dismissed, hence, dismissed.
5. Consequently, this second appeal is also dismissed.Appeal dismissed.
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