The applicant must demonstrate sufficient cause when seeking condonation of delay, particularly in cases where significant time has lapsed.

JUDGMENT

. Heard.

2. The present Revision Application is filed by the Applicant being aggrieved by the order dated 12/12/2019 in M.J.C. No. 230/2018 passed by the learned 3rd Joint Civil Judge, Senior Division, Nagpur allowing the Application for condonation of delay in filing the Application under Order XXXIII Rule 15A read with Section 149 of the Civil Procedure Code .

3. The facts giving rise for filing of the present Revision Application are as under:-

The Applicant and the Non-Applicants are real brothers and sisters. On 04/04/2006, the Non-Applicant Nos. 1 and 2 (original Plaintiffs) had filed a Suit for partition and separate possession of joint family property before the learned Civil Judge, Senior Division, Nagpur along with an Application to sue as indigent persons. Vide order dated 22/04/2008, the learned Trial Court dismissed the Application for suing as indigent persons on the ground that Non-Applicant No.1 was running a Computer Institute by name S.B. Computers. The learned Trial Court also observed that the Non-Applicant No. 1 was an income tax payee. The husband of the Non-Applicant No. 1 owned immovable property at Bhandara. In this backdrop, the learned Trial Court recorded a finding that the Non-Applicant No. 1 has sufficient income to pay the requisite Court Fee stamp and rejected the Application of Plaintiffs for suing as the indigent persons and directed that in case, if the Non-Applicant Nos.1 and 2 desired to file a Suit for partition and separate possession, they should pay the requisite Court Fees within one month from the date of the order dated 22/04/2008.

4. The Non-Applicant No.1 filed Misc. Civil Appeal No. 228/2008 before the learned District Judge-9, Nagpur challenging the order passed by the learned Trial Court dated 22/04/2008. The learned Appellate Court, vide order dated 03/03/2010, dismissed the Appeal filed by the Non-Applicant No.1. The learned Appellate Court found that the present Non-Applicant No.1 concealed the material facts in her Application, and that although she had stated that she had closed down her Computer Institute, she had not produced any document showing that the Institute had been closed. The Appellate Court did not extend the time granted to the Non-Applicant Nos. 1 and 2 for payment of Court Fees. The Non-Applicant Nos.1 and 2 did not pay the requisite Court Fees, hence the Suit for partition and separate possession of the joint family property was not registered.

5. On 16/03/2018, after a period of almost eight years from the date of dismissal of Misc. Civil Appeal No.228/2008, the Non- Applicant No.1 filed an Application under Order XXXIII Rule 15-A read with Section 149 of the Civil Procedure Code for grant of permission to pay Court Fees, along with an Application for condonation of delay in filing Court Fees. The principal ground raised in both the Applications was that the Non-Applicant No.1 was unable to pay requisite Court Fees due to her weak financial condition. It was stated that the husband of the Non-Applicant No.1 had passed away due to brain hemorrhage and considerable expenses had been incurred in his treatment. Therefore, a loan of Rs.3,00,000/- had been obtained from relatives for medical treatment of her husband. Another ground raised was that the Non-Applicant No.1 was required to pay towards the education of her two children. It is stated in the Application that between 2015 and 2017, some Life Insurance Corporation Policies in the name of the Non-Applicant No.1 were matured and due to this, the Non- Applicant No.1 is now in a position to pay the requisite Court Fees. Vide order dated 12/12/2019, the learned Trial Court allowe