Lamu Gond vs Chhabilal Gond And Ors
2022 Latest Caselaw 3954 Chatt

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                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                         SA No. 31 of 2014
                            Lamu Gond Versus Chhabilal Gond & Others




22.06.2022         Mr. Sunil Sahu, Advocate for the Appellant.

                    Notices issued to the respondent Nos. 1 & 2 have already been served but

they have chosen not to appear before this Court therefore, this appeal will be proceeded ex-parte against respondent Nos. 1 & 2.

Mr. H. B. Agrawal, Sr. Advocate along-with Ms. Richa Dwivedi, Advocate for the Respondent No. 3.

Mr. Anil Tripathi, P. L. for the State.

Heard on application (I. A. No. 01), for condonation of delay in filing the appeal.

Learned counsel for the appellant would submit that there is delay of 271 days in filing the appeal. He would further submit that the appellant is not financially strong person and after knowing about the dismissal of the first appeal, he obtained the certified copy of the impugned Judgment and Decree on 27.12.2013 and after arrangement of Court fee and other expenses filed the instant Second appeal, therefore, he could not file the instant appeal within stipulated time.

Learned Sr. counsel appearing for respondent No. 3 would submit that the appeal is barred by limitation and the delay period is very long, therefore, he prays to dismiss the appeal with costs.

Considering the submission made by learned counsel for the parties and the reason assigned in the application (I.A. No. 01), delay in filing the appeal is

condoned and accordingly, the application (I.A. No. 01) is allowed.

List this case for order on admission in the after four weeks.

Meanwhile call for the record of the Court below.

Sd/--

(Narendra Kumar Vyas) Judge

Amita