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MADAN GOPAL VYAS
Chandi Das, S/o. Durgalal – Appellant
Versus
Starnet Real Estate And Projects Ltd. – Respondent
JUDGMENT :
The present civil miscellaneous appeal is listed in Defects category.
2. As per office report, the appeal is time barred by 822 days and the appellant has preferred an application (IA No.1/22) under Section 5 of the Limitation Act for condonation of delay.
3. Learned counsel for the appellants submits that the delay in filing the appeal is not intentional. It is further submitted that due to COVID-19, the appellants could not send documents to the counsel. Further, the brother of appellant no. 2 died and due to demise of the appellant’s brother, the appellants could not prefer the present appeal within time. It is thus prayed that the present application may be allowed and the delay in filing the present appeal may be condoned.
4. Heard learned counsel for the appellants and perused the material available on record.
5. From a perusal of the record, it is evident that the learned Additional District Judge, Gulabpura, District Bhilwara passed the impugned order on 17.07.2019 in presence of learned counsel for the appellants-respondents. The appellants applied for the certified copy of the impugned judgment 05.07.2021 i.e. approximately after 2 years of passing of the impugned
The central legal point established in the judgment is that 'sufficient cause' must be demonstrated for condonation of delay, and negligence or lack of diligence cannot justify the delay. The court a....
The judgment emphasizes the importance of demonstrating 'sufficient cause' for delay in filing an appeal under the Limitation Act, and highlights the principle that inordinate delay should not be con....
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
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