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IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Amit Agarwalla, Son Of Late Basant Kumar Agarwalla – Appellant
Versus
Archana Singh, Wife Of Late Mukesh Kumar Singh – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the appellants.
2. This second appeal is preferred against the judgment dated 02.07.2024 passed learned Principal District Judge, Dhanbad in Civil Misc. Appeal No.27 of 2023 by which he has been pleased to dismiss the same on the ground of limitation.
3. Mrs. Mazumdar, learned counsel appearing for the appellants submits that the title suit was instituted under Section 87 of Chota Nagpur Tenancy Act being Suit No.58 of 2010 and by judgment dated 12.09.2022 it was allowed in favour of the plaintiff. She submits that against that judgment the defendant has preferred Civil Misc. Appeal No.27 of 2023 which was dismissed by judgment dated 02.07.2024 on the ground of limitation. She submits that 285 days delay has occurred in presenting the appeal as appellant No.3, who is aged about 76 years was ill and she was looking after the case and in view of that the delay has occurred and the learned Court without appreciating the same has been pleased to dismiss the appeal on the ground of limitation. She relied in the case of Collector, Land Acquisition, Anantnag and Another versus Mst. Katiji and Others reported in (1987) 2 S
The burden of proof for condonation of delay lies with the appellant, requiring adequate justification supported by evidence.
The Court emphasized that sufficient cause for condoning appeal delays must include diligence and bona fides; ignorance of law and financial hardship alone are insufficient grounds for delay beyond t....
The main legal point established in the judgment is the requirement for a sufficient cause to condone delay in filing appeals, emphasizing the importance of bona fide motive, inaction, and negligence....
Inordinate 168-day delay in matrimonial appeal not condoned; misconception of limitation period and bicycle injury deemed insufficient cause due to negligence, lack of diligence and bona fides.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, and mere claims without evidence are insufficient.
The main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay.
The principle that a party must provide a sufficient and bona fide explanation for any delay in filing an appeal, particularly when the party is educated in law, is crucial for the court's discretion....
The court emphasized that sufficient cause for delay in filing an appeal must be adequately justified, and negligence or lack of bona fides can bar condonation.
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