Ratiram vs Sunwa Singh
2022 Latest Caselaw 15668 MP

                                                         1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                ON THE 28th OF NOVEMBER, 2022

                                           SECOND APPEAL No. 3416 of 2019

                                 BETWEEN:-
                            1.   RATIRAM S/O KEWAL SINGH, AGED ABOUT 50
                                 YEARS, OCCUPATION: AGRICULTURIST CASTE
                                 GOND VILL. KODAGHIR (BHALWARA ) POST.
                                 CHIRPANI   SHAHPURA     DIST.  DINDORI
                                 (MADHYA PRADESH)

                            2.   SHOBHARAM S/O KEWAL SINGH, AGED ABOUT
                                 43 YEARS, OCCUPATION: AGRICUTLURIST R/O
                                 VILLAGE KODAGHIR (BHALWARA) POST
                                 CHIRPANI TEHSIL SHAHPURA (MADHYA
                                 PRADESH)

                            3.   DRAUPTI W/O SEWARA, AGED ABOUT 42 YEARS,
                                 OCCUPATION: HOUSEWIFE R/O VILLAGE
                                 KODAGHIR (BHALWARA) POST CHIRPANI
                                 TEHSIL SHAHPURA (MADHYA PRADESH)

                            4.   SURESH SINGH S/O SEWARAM, AGED ABOUT 22
                                 YE A R S , OCCUPATION: AGRICUTLURIST R/O
                                 VILLAGE KODAGHIR (BHALWARA) POST
                                 CHIRPANI TEHSIL SHAHPURA (MADHYA
                                 PRADESH)

                            5.   SHRICHANDRA S/O SEWARAM, AGED ABOUT 19
                                 YE A R S , OCCUPATION: AGRICUTLURIST R/O
                                 VILLAGE KODAGHIR (BHALWARA) POST
                                 CHIRPANI TEHSIL SHAHPURA (MADHYA
                                 PRADESH)

                                                                                .....APPELLANT
                                 (BY SHRI K.K. GAUTAM, ADVOCATE)

                                 AND
                            1.   SUNWA SINGH S/O RAMSINGH GOND, AGED
                                 ABOUT 70 YEARS, VILL. BHALWAR KODAGHIR
                                 TEH. SHAHPURA DIST. DINDORI (MADHYA
                                 PRADESH)

                            2.   STATE     OF      MADHYA       PRADESH THR.
Signature Not Verified
Signed by: KUMARI PALLAVI
SINHA
Signing time: 11/29/2022
5:00:47 PM
                                                                 2
                                       C O L L E C T O R DISTT-DINDORI        (MADHYA
                                       PRADESH)

                                                                                           .....RESPONDENTS
                                       (BY MS. KAMLESH TAMRAKAR, PANEL LAWYER FOR
                                       RESPONDENT-STATE)

                                  Th is appeal coming on for hearing this day, t h e court passed the
                            following:
                                                                 ORDER

Heard on I.A. No. 15341/2019, which is an application under Section 5 of the Limitation Act for condonation of delay in filing of the second appeal.

2. Registry has reported this appeal to be barred by 926 days.

3. Condonation of delay has been sought on the ground that the appellants are residing in tribal area and they are illiterate persons and they had given the brief and fees to the local counsel in the year 2017 for filing the second appeal against the impugned judgment & decree but the counsel did not file the appeal within time. It is also contended that after lapse of one year, the appellants enquired about their case but no satisfactory answer was given to the appellant then they had taken the file from local counsel and filed the appeal before the High Court.

4. In the entire application, neither the name of advocate has been mentioned nor any reasonable explanation has been given for filing the second appeal with inordinate delay of 926 days.

5. The averments made in paragraph 3 of the application show that after lapse of one year from the passing of judgment & decree dated 15.02.2017 when the appellants enquired about the case, then the counsel did not give any satisfactory answer, thereafter the appellants had taken file from the local counsel. But in the application, it is not mentioned that after taking the file from Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 11/29/2022 5:00:47 PM

the local counsel just after one year, why the appellants did not file the second appeal within further two years.

6. The Supreme Court in the case of Majji Sannemma @ Sanyasirao vs. Reddy Sridevi and others AIR 2022 SC 332 has observed that the Courts help those who are vigilant and ''Âœdo not slumber over their rights''.

7. Accordingly, there being no sufficient and reasonable explanation of delay of 926 days, the application under Section 5 of the Limitation Act deserves to be and is hereby dismissed.

8. Consequently, the second appeal is also dismissed.

9. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE Pallavi

Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 11/29/2022 5:00:47 PM