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MANOJ KUMAR GARG
Chetan Ram S/o Kewal Ram – Appellant
Versus
Lrs Of Sua Devi, Araba, Tehsil Pachpadra, Dis. Barmer – Respondent
JUDGMENT :
1. The present first appeal has been filed by the appellant against the judgment and decree dated 16.08.2011 passed by learned Additional District Judge (Fast track) No.2, District Jodhpur in Civil Suit No. 01/2011 whereby, the suit of cancellation of sale deed and perpetual injunction has been decreed.
2. The respondent no.1 plaintiff Smt. Sua Devi had filed a suit for cancellation of sale deed dated 24.10.2008 and permanent injunction against the appellant. The summons were issued by the trial court to the defendants but the defendant Sunil did not appear despite service. The notices were served upon the appellant but no written statement was filed on behalf of the appellant and finally the right to file written statement was closed by the trial court on 06.08.2011. The learned trial court proceeded ex parte and decreed the suit vide judgment and decree dated 16.08.2011 on the basis of statement of the plaintiff and affidavits, and it was held that the defendant no.1 had executed the sale deed upon receiving the consideration and also handed over the property in question and therefore, the defendant no.1 was not having any right to sell the property in question to the ap
The court reinforced that the burden of proving sufficient cause for delay lies with the appellant, and ignorance of a judgment is insufficient for condonation.
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
The court reinforced that the burden of proving 'sufficient cause' for delay lies with the appellant, and mere claims of ignorance are insufficient.
The court ruled that mere negligence and lack of diligence do not constitute sufficient cause for condoning delay in filing an appeal under the Limitation Act.
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
The main legal point established in the judgment is that the expiration of the period of limitation gives rise to a right in favor of the decree holder to treat the decree as binding between the part....
A party must provide substantial and convincing evidence to support a claim for condonation of delay in filing an appeal under Section 5 of the Limitation Act.
The court established that while a liberal approach to condoning delay is necessary, persistent negligence and lack of sufficient cause can justify dismissal of appeals.
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