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CHHATTISGARH HIGH COURT
X, J
Panku Sukhlal Halba and Others v. Manbha Bai Sukhlal and Another
| Table of Content |
|---|
| 1. context of appeal and delay. (Para 2 , 3 , 4) |
| 2. arguments on maintainability. (Para 5 , 6 , 7) |
| 3. judicial observations on appeal rights. (Para 8 , 9 , 10 , 11 , 12) |
| 4. conclusion on appeal maintainability. (Para 13) |
| 5. final verdict on the appeal. (Para 14 , 15 , 16) |
1. Heard on admission.
2. The instant appeal is against the order dated 08.07.2015 passed by the Court of Additional District Judge (FTC), Rajnandgaon District Rajnandgaon against the judgment and decree dated 19.11.2019 passed in Civil Suit No.7 - A / 2006 by the Civil Judge, Class - I, Ambagarh Chowki, Chhattisgarh.
3. The first appellate Court by order dated 08.07.2015 decided an application under O.41, R.3(a) of the Code of Civil Procedure wherein the appellate Court dismissed the first appeal as barred by time and refused to condone the delay. The instant appeal was also filed with a delay of 98 days and an application for condonation of delay has been filed for condoning the delay in filing the appeal.
4. Since there was delay in filing the appeal, notices were issued to respondent No.1 and after issuance of notice respondents entered appearance.
5. The primary submission made by learned counsel for
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