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2026:CGHC:15445 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by

JYOTI JYOTI SHARMA FA No. 71 of 2026 SHARMADate:

2026.04.07 10:50:48 +0530 Ganpatram S/o Late Runga Sao Aged About 54 Years R/o Village And

Post Kashigarh, Tahsil Jaijepur District Janjgir-Champa (C.G.)

... Appellant(s)

versus

1. Kanhaiya S/o Chheduram Aged About 53 Years R/o Village And Post Kashigarh, Tahsil Jaijepur District Janjgir-Champa (C.G.)

2. State Of Chhattisgarh Through Collector Janjgir-Champa, District-

Janjgir-Champa (C.G.)

... Respondent(s)

(The cause title is as per the Memo of Appeal)

For Appellant (s) : Mr. F.S. Khare, Advocate

For Respondent/ : Mr. Lekhram Dhruv, P.L.

State

Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

06/04/2026

1. Heard on I.A. No. 2 of 2026, application for condonation of delay

in filing the First appeal under Section 96 of the CPC. The present application is filed by the appellant/plaintiff for condonation of

delay of 3398 days in filing the appeal.

2. It would be appropriate to notice paragraphs 1 to 5 of the

application for condonation of delay in filing the appeal under

Section 5 of the Limitation act, which reads as under :-

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"APPLICATION FOR UNDER SECTION 5 OF

LIMITATION ACT”

1. That, the appellant has challenged the impugned Judgment and decree dated 17.08.2016 passed by the learned 1^st Additional District Judge, Sakti, District- Janjgir-Champa C.G. passed in Civil Suit No. 20A/2015, whereby the learned trial court has partly allowed the civil suit filed by plaintiff/appellant, the appellant

prefers this first appeal.

2. That, there is every possibility of success of

appellant/plaintiff in this appeal.

3. That there is delay of 9 years, 6 months and

20 days in filing of this instant first appeal.

4. That, the appellant most humbly and respectfully submits that he along with family went to Jammu and Kashmir for earning his livelyhood, therefore he had no knowledge of final judgment and decree dated 17.08.2016. The appellant returned to village in the last month of January 2026 and he contacted his counsel than appellant got knowledge about the above judgment and decree dated 17.08.2016. The appellant requested for grant of certified copy of

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impugned judgment and decree, which is supplied on 31.01.2026, and this instant appeal is

filed before this Hon'ble Court.

5. That, the delay in filing of the first appeal is

bonafide mistake and deserve to be condoned.”

3. Learned counsel for the appellant/ plaintiff submits that there is a

delay of 9 years, 6 months and 20 days in filing the present appeal. However, the said delay has occurred due to bona fide reasons. It is further submitted that the appellant had gone to Jammu and Kashmir along with his family in search of livelihood and therefore had no knowledge about the passing of the judgment and decree dated 17.08.2016. It is further submitted that the appellant returned to his native village in the last week of January, 2026 and thereafter contacted his counsel, whereupon he came to know about the said judgment and decree. Immediately he applied for a certified copy of the impugned judgment and decree, which was supplied to him on 31.01.2026, and thereafter the present appeal has been filed without any

further delay.

4. I have heard learned counsel for the appellant and perused the

material available on record.

5. Upon consideration of the averments made in the application and

the submissions advanced by learned counsel for the appellant,

this Court finds that the appellant seeks condonation of an

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inordinate delay of 3398 days (9 years, 6 months and 20 days) in filing the present appeal. The only explanation offered by the appellant is that he had gone to Jammu and Kashmir along with his family in search of livelihood and therefore had no knowledge of the judgment and decree dated 17.08.2016. However, the appellant has not placed on record any material to substantiate such claim nor has he explained the long period of delay by assigning sufficient