Bhagatsingh vs Brijlal
2022 Latest Caselaw 4642 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 75/2022

1. Bhagatsingh S/o Shri Harpalsingh, Aged About 90 Years, Caste Mali, R/o Daulatpura, Tehsil And District Sriganganagar. (Deceased) LR's of Bhagatsingh 1 Mayadevi D/o Late Shri Bhagatsingh, Aged About 65 Years, 2 Reshmadevi D/o Late Shri Bhagatsingh, Aged About 60 Years, 3 Vimladevi D/o Late Shri Bhagatsingh, Aged About 56 Years, 4 Rajendra Kumar S/o Late Shri Bhagatsingh, Aged About 44 Years, 5 Balraj S/o Late Shri Bhagatsingh, Aged About 42 Years, All appellants are residents Of Daulatpura, Tehsil And District Sriganganagar.

----Appellants Versus

1. Brijlal S/o Shri Devilal, Caste Jat, R/o Daulatpura, Tehsil And District Sriganganagar.

2. Rajpal S/o Shri Devilal, Caste Jat, R/o Daulatpura, Tehsil And District Sriganganagar.

                                                                ----Respondents


For Appellant(s)        :     Mr. Vasudev Gaur
                              Mr. Jayant Joshi



         HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                   Order

28/03/2022

The instant second appeal under Section 100 CPC has

been filed by the legal representatives of defendant Bhagatsingh,

against the judgment and decree dated 21.2.2015 passed by the

learned Additional District Judge No.1, Sriganganagar, Rajasthan

(2 of 3) [CSA-75/2022]

in Civil Appeal No. 13/2014 titled as Bhagatsingh vs. Brijlal & Ors,

whereby the appeal filed by the appellant against the judgment

and decree dated 14.10.2014 was dismissed.

This second appeal has been filed accompanied by

application filed under Section 5 of the Limitation Act.

Heard the learned counsel for the appellants.

A suit for eviction of plot was decreed against the

defendant on 14.10.2014 by the trial court. Appeal filed by the

defendant was also dismissed on 21.2.2015. After a lapse of about

seven years, this second appeal has been filed by the legal

representatives of the defendant Bhagatsingh, who expired on

10.10.2016. As per the averments made in the application filed

under Section 5 of the Limitation Act, legal heirs of the defendant

Bhagatsingh were ignorant about the litigation pending before the

court below. Litigation came within their knowledge on 18.10.2019

when notices of execution proceedings were received by them.

Delay occurred in the present case is not intentional but bona fide.

Irreparable injury shall caused to them if the present appeal is not

heard on merits.

Having perused the recording and considering the

grounds raised by the learned counsel for the appellant, this Court

is of the opinion that there is no just and reasonable ground to

condone the delay in filing this second appeal after a lapse of

about seven years. Long delay of seven years occurred in filing

this appeal has not been explained with any justifiable cause.

In the facts and circumstances of the present case and

the grounds raised by the appellants in the application filed under

Section 5 of the Limitation Act, there is no substance in the

(3 of 3) [CSA-75/2022]

application. Hence, this second appeal is dismissed at the

admission stage, as the same is barred by limitation.

(RAMESHWAR VYAS),J 90-Mak/-

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