Dhaniram vs Ramnath
2021 Latest Caselaw 3432 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                         FA No. 175 of 2015

                                      Dhaniram Versus Ramnath




01.12.2021       Shri S.S. Masih, counsel for the appellant.

                 Shri Ravi Maheshwari, counsel for respondent No. 1.

Shri S.K. Agrawal, Panel Lawyer for the State.

Heard on I.A. No. 2 application for condonation of delay in filing the

appeal.

Learned counsel for the appellant would submit that against the judgment

and decree dated 24.02.2014 passed by the Second Additional District Judge,

Balod in Civil Suit No. 29-A/2013 the present appeal has been filed on

09.07.2015 as such there is delay of 350 days. He would further submit that

he has applied for certified copy of the order on 17.04.2015 and he received

certified copy on 10.06.2015, thereafter he has filed the appeal. It is

undisputed that application for certified copy of the order has been applied

after the expiration of period of limitation provided under the Limitation Act for

filing appeal. He would further submit that at the time of filing of appeal the

appellant was 70 years old and he was seriously ill, he was not able to move

which has caused delay.

Learned counsel for the respondents oppose the application made by the

appellant for condonation of delay and would submit that reasons assigned by the appellant is not justifiable, there is no sufficient reasons for condonation of

delay.

The appellant has filed application for exemption from Court fee. This

Court has directed to conduct inquiry to the concerned Collector and pursuant

to the direction, the Collector has submitted report in which it has been held

that the appellant is only earning Rs. 8,400/- per year. This Court exempted

the appellant from payment of Court fee.

Considering the facts and circumstances of the case, considering the age

of the appellant as 70 years, the application filed by the application for

condonation of delay in the appeal deserved to be and is hereby condoned.

The appeal be listed in the third week of January, 2022 on admission.

Sd/-

(Narendra Kumar Vyas) JUDGE

Deshmukh