Appellants have the burden to establish sufficient grounds for condoning delay under the Limitation Act when filing an appeal.

1. Heard on I.A.No.13508/2017, an application under S.5 of the Limitation Act for condonation of delay in filing of the second appeal.

2. The Registry has reported this appeal to be barred by 1242 days.

3. Condonation has been sought on the ground that the appellants are resident of remote village and they were informed about the judgment and decree dated 25.01.2014 by local counsel with the further information that the second appeal is required to be filed within 90 days and the counsel assured the appellants that they are not required to go to Jabalpur for filing the appeal but he himself shall file the appeal at Jabalpur. It is further contended in the application that the local counsel of Rewa received requisite expenses within two months from the judgment and decree and got signature on the Vakalatnama and affidavit with the assurance that he will file the appeal in the High Court at Jabalpur. Accordingly they were fully satisfied about filing of the second appeal against the judgment and decree.

4. It is further contended in the application that wife of the appellant No.2 - chhotelal was suffering from Cancer for last four years, who has also died on 02.08.2017. When in the month of August, 2017 the respondents started raising construction on the land of the appellants then they made complaint to the Tahsildar, who issued order of stay but upon intimation given by the respondents about dismissal of the civil suit, Tahsildar dismissed the application filed by the appellants against which they have preferred appeal before SDO who has also passed order of status - quo.

5. It is further contended that all the aforesaid was informed by the appellants to the so called local counsel and sought information about the second appeal filed before the High Court, then the counsel said that he has not filed appeal before the High Court and upon making requests so many times by the appellants, the counsel returned the file on 17.09.2017. As there was no certified copy of the judgment and decree dated 25.01.2014 in the available file, the appellants applied for certified copy on 18.09.2017 which was delivered to them on 27.09.2017, thereupon they went to Jabalpur on 01.10.2017 and handed over all the documents to the counsel at Jabalpur, who drafted / prepared the second appeal and filed the same.

6. With the aforesaid contentions, it has been prayed in the application that the delay occurred in filing of the second appeal is based on bona fides of the appellants and deserves to be condoned.

7. Learned counsel for respondents 1 and 8 submits the learned Courts below have dismissed the suit holding that the plaintiffs are not Bhoomiswami of the land in question and the respondents are in possession of the land on the basis of pattas granted by State Government. He further submits that no sufficient ground for condonation of delay has been mentioned in the application and even the name of advocate who was instructed to file appeal before the High Court and who assured the appellants to file the same before the High Court, has not been mentioned in the application and prays for dismissal of the application.

8. Heard learned counsel for the parties and perused the record.

9. The impugned judgment and decree has been passed by III Additional District Judge, Rewa on 25.01.2014 and according to the averments made in the application, all the appellants were aware about the judgment and decree because their local counsel informed them and they were also made aware that the second appeal is requ