CHHATTISGARH HIGH COURT
Unknown, J
Radheshyam Sonjhara v. Sanat Kumar Sahu and Another
| Table of Content |
|---|
| 1. filing a civil suit and subsequent appeal process description. (Para 2 , 3 , 4 , 10) |
| 2. arguments regarding delay in filing based on health conditions. (Para 5 , 6) |
| 3. judicial discretion in condonation of delay and its implications. (Para 7 , 8 , 9 , 12 , 13) |
| 4. public policy considerations concerning the law of limitation. (Para 11) |
| 5. outcome of the application and appeal. (Para 14 , 15) |
1. By this order I.A. No. 1/2019 application for condonation of delay in filing the FA is being disposed of.
2. Respondent had filed a civil suit against the appellant for recovery of Rs. 1,84,000/-.
3. The Civil Suit No. 8 - B / 2014 filed by the respondent was decreed by 3rd Addl District Judge, Bilaspur vide judgment and decree dated 9-2 - 2017. The appellant was ordered to pay Rs. 1,84,000/- to respondent within a period of 2 months along with 6% per annum interest.
4. Being aggrieved, the appellant preferred the First Civil Appeal before this Court along with an application under O.44 R.1 of the CPC.
5. In brief, the appellant's case regarding I. A. No. 1 is that on account of ailment and on account of loss of memory he had forgotten everything, after a big gap of time when he re
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