Gourhari Paul & Ors vs Jay Chandra Banerjee & Ors
2023 Latest Caselaw 1574 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 50 of 2016
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Gourhari Paul & Ors. .... .... .... Appellants Versus Jay Chandra Banerjee & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Pradeep Kumar, Advocate For the Resp. nos. 2 to 5: Mr. Abhishek Kr. Dubey, Advocate

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Order No.08 Dated- 12.04.2023 I.A. No.5821 of 2022 This interlocutory application has been filed with a prayer to condone the delay of 08 days in filing this appeal.

It is submitted by the learned counsel for the appellants that the appellants are very poor persons and they had no information regarding the passing of the impugned judgment and decree, hence they could not immediately take steps for filing this second appeal which resulted in delay in filing the instant second appeal. It is further submitted by the learned counsel for the appellants that the appellants have very good grounds to agitate in this appeal and the delay was neither intentional nor deliberate and unless the delay of 08 days in filing this second appeal is condoned, the appellants will be highly prejudiced.

Learned counsel for the respondent nos. 2 to 5 on the other hand vehemently opposes the prayer for condonation of delay in filing the instant second appeal and submits that the appellants are deliberately delaying the litigation with an ulterior motive only to harass these respondents. Hence, it is submitted that the respondent nos. 2 to 5 be adequately compensated in terms of costs.

Considering the aforesaid facts, the delay of 08 days in filing this second appeal is condoned subject to payment of costs of Rs.1,000/- by the appellants to the respondent nos. 2 to 5 through the learned counsel for the respondent nos. 2 to 5 appearing in the record within four weeks, failing which this conditional order shall not be given effect to and this interlocutory application shall stand dismissed without further reference to the Bench and consequently this second appeal shall stand dismissed being barred by limitation.

It is made clear that in case, if the appellants file the proof of payment of cost of Rs.1,000/- by the appellants to the respondent nos. 2 to 5 through the learned counsel for the respondent nos. 2 to 5 appearing in the record within four weeks, this appeal be listed under the heading "Order XLI Rule 11 CPC" as the last chance.

This interlocutory application stands disposed of accordingly.

Sonu-Gunjan/-                        (Anil Kumar Choudhary, J.)