Order on Board

08/08/2025

1. Heard on I.A. No.02/2021, application under Section 5 of the Limitation Act.

2. This first appeal under Section 96 of the Code of Civil Procedure, has been preferred by the appellants along with aforesaid application challenging the judgment and decree dated 26.11.2016 (Annexure A-1) passed by the Fifth Upper District Judge, Surguja (Ambikapur), Chhattisgarh in Civil Suit No.26A/2014, whereby the civil suit for specific performance of contract and permanent injunction filed by appellants has been dismissed.

3. Learned counsel for the appellants would submit that, both appellants are mother and daughter in relation. Anil Kumar Singh, who is husband of appellant No.1, has been suffering from Primary Hypothyroidism since 2012, therefore appellants were busy in his treatment, which is continuing till date. Appellant No.1 has also been suffering from Asthma & Cystic Glandular Hyperplasia-Endometrium since 2015. She was in continuous treatment of aforesaid disease. For getting treatment, appellant No.1 and her husband frequently used to go to Hyderabad and Raipur, therefore, delay of 1,120 days occurred in filing instant appeal after deducting 365 days in getti