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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Jitendra Deo Sinha – Appellant
Versus
Shambhu Nath Sahay – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
I.A. No. 9290 of 2023
1. The learned counsel for the appellant submits that an interlocutory application under section 5 of the Limitation Act has been filed seeking condonation of delay of 79 days in preferring the present appeal.
2. We are satisfied with the cause shown by the appellant in this application and, therefore, the delay of 79 days in preferring this Letters Patent Appeal is hereby condoned.
3. I.A. No. 9290 of 2023 is, accordingly, allowed.
LPA No. 552 of 2023
4. The present appeal has been filed against the order dated 1st May 2023 passed in MA No. 337 of 2016 by the learned Single Judge who has been pleased to dismiss the appeal filed against the judgment dated 31st March 2016 passed in Probate Case No. 4 of 2003 by the learned District and Additional Sessions Judge-XIV Hazaribag. The probate case was filed by the appellant for grant of probate in his favor on the basis of the purported Will dated 2nd August 1979 said to have been executed by one Parmeshwar Dayal in his favor.
5. The learned District and Additional Sessions Judge-XIV Hazaribag dismissed the Probate Case No. 4 of 2003 and the operative portion of the judgment is quoted a
Intra-court appeals against orders of a Single Judge under the Indian Succession Act are not maintainable post amendment of section 100A of CPC.
The main legal point established is that appeals must be filed in accordance with the specified legal provisions and within the prescribed timelines to be maintainable.
An intra-court appeal is not maintainable against orders of a learned Single Judge under Section 24-C of the Orissa Education Act, 1969, as per the Full Bench ruling prohibiting such appeals post-ame....
Point of law : Section 4 of the Code of Civil Procedure, as is evident from its plain reading, does not mean that the CPC does not apply to the proceedings under special or local laws but only indica....
Writ appeals against interlocutory orders are not maintainable unless such orders constitute a 'judgment' under Letters Patent, determining rights or effects in the main case.
Provisions of Code of Civil Procedure will apply to all matters on which special or local law is silent.
The court emphasized that procedural delays and lack of bona fides do not justify condoning significant delays in filing appeals, reinforcing the importance of adhering to limitation laws.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
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