Bishnu Kant Paswan vs Lata Devi
2023 Latest Caselaw 3545 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          F.A. No. 121 of 2023
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               Bishnu Kant Paswan.                                         ......Appellant
                                              Versus
               Lata Devi.                                                  .....Respondent
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Coram: THE HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY THE HON'BLE MR. JUSTICE DEEPAK ROSHAN

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               For the Appellant               : Mr. A.K. Jha, Advocate
                                               : Mr. Rakesh Ranjan, Advocate
               For the Respondent     :
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               I.A. No. 7070 of 2023

04/18.9.2023           This interlocutory application has been preferred by the appellant for condoning
               a delay of 784 days in filling the appeal.

2. It has been submitted that the delay which has been caused is to the effect that on 30.4.2023 the appellant has received a notice of Execution Case No. 1 of 2023 for executing the judgment dated 29.01.2019 pursuant to which the appellant had appeared before the learned court below on 8.4.2023, after which the appellant was advised by his counsel to challenge that part of the impugned judgment by which permanent alimony of Rs.5,00,000/-has been awarded in favour of the respondent and consequent to the same, the appeal was preferred which caused a delay of 784 days in filing the appeal.

3. We are not satisfied with the reasons assigned in the instant application.

4. The appellant was the plaintiff before the learned court below who had instituted a suit under section 13 (1)(ia)(ib) and (iii)(a)(b) of Hindu Marriage Act, 1955. The appellant had wholeheartedly participated in the suit and had led the evidence and finally the suit was decreed in his favour and a permanent alimony of Rs.5,00,000/- was awarded in favour of the respondent with which the appellant is aggrieved and which resulted in filing the present appeal.

5. The appellant having pursued his suit and being aware of the judgment passed against him cannot take an excuse that only on account of the notice of execution case having been served upon him he became aware about the judgement passed in the suit and thereafter preferred the present appeal.

6. In view of the above therefore there being an unexplainable delay of 784 days in filing the appeal, this interlocutory application stands dismissed and consequently First Appeal No.121 of 2023 also stands dismissed.

(Rongon Mukhopadhyay,J)

(Deepak Roshan, J) Rakesh/-