The failure to provide adequate reasons for delay in filing an appeal results in dismissal, emphasizing the need for vigilance in litigation.

Judgment :

CHANDRA SHEKHAR SHARMA, J.

1. The present Civil First Appeal has been filed challenging the judgment and decree dated 24.05.2016 passed by Additional District Judge, Gulabpura, district Bhilwara in Civil Original Case No.18/2012 (Chandra Prakash Vs. Shanker Lal & Ors.) whereby the suit preferred by the respondent-plaintiff for Specific Performance of the Contract and Permanent Injunction was decreed. Instant appeal is reported to be barred by 453 days. An application (Inward No.01/22) under Section 5 of the Limitation Act has been filed seeking condonation of the delay in filing the instant Civil First Appeal.

2. The factual matrix, as it lies within a narrow compass, is that respondent-plaintiff filed a suit against the appellant- defendant for specific performance of sale agreement dated 30.12.2011. The learned trial court after framing the issues and having heard learned counsel for the parties, vide judgment and decree dated 24.05.2016 decreed the suit in favour of the respondent-plaintiff. Aggrieved against the impugned judgment and decree, the appellant-defendant preferred the instant appeal which is reported to be barred by 453 days.

3. The appeal was presented before this Court on 18.11.2017. Though the appeal was barred by limitation, however, no application at the time of presentation of appeal was filed. The appeal was kept pending for removal of defects as pointed by the Registry for almost 4½ years. Number of opportunities were granted to the learned counsel for the appellant for removal of the defects, but no steps were taken by him. It was in the year 2022, when on 21.04.2022, an application under Section 5 of the Limitation Act for condonation of the delay in filing the instant appeal was presented. Only in a cursory manner, following reason has been assigned in para No.2 of the said application:

“2. That the appellant is a villager and lives in the village Kania at Kanakpur Tehsil Hurda and above mentioned suit is pending in the Additional District Court, Gulabpura District Bhilwara. The appellants appointed an advocate to contest the suit and the advocate appointed by the appellant gave instruction to the appellant that there is no need to appear on every hearing of the case and that whenever it will be required, he will duly inform him so the appellant was not present for every hearing. That after the evidence of the defendant no.1, other defendants' witness was due, therefore the advocate of the appellant also told the appellant that whenever the matter will come in final argument or will be decided, he will inform him but the matter was decided against him on 24.05.2016. The appellant had not been regularly attending the court and was not informed by the advocate. And when the appellant contacted the advocate, he informed that suit was decreed and judgement was passed against him then the appellant consulted the advocate and he came to know that the appeal can be filed in the HIGH COURT at Jodhpur and court fees is also required to file this appeal. After that, he arranged some money and after advice, filed this appeal. Due to the above stated reason, the appeal could not be filed within time.”

4. An additional affidavit in support of the application under Section 5 of the Limitation Act has also been filed by the learned counsel for the appellant, extract of which reads as under:

“2.That it is most respectfully submitted that the decision dated 24.05.2016 of civil suit no. 18/12 passed by the ADJ Gulabpura, District Bhilwara of the above case came to my knowledge in the month of September 2017(Bhadwa month), when I approached my advocate whom I had appointed to fight and inquire about the case. I am an aged person living in the village and I don't remember the exact date of the decision/me