[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Jog Singh vs Smt. Bhamari Devi ... on 9 February, 2026
Author: Yogendra Kumar Purohit
Bench: Yogendra Kumar Purohit
[2026:RJ-JD:7025-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 3610/2025
Jog Singh S/o Nain Singh, Aged About 42 Years, R/o Badanwadi,
Tehsil Ahor, Dist Jalore
----Appellant
Versus
Smt. Bhamari Devi W/o Jog Singh, R/o Botiyawas Ahor Tehsil
Ahor District Jalore
----Respondent
For Appellant(s) : Ms. Shobha Prabhakar
For Respondent(s) : -
HON'BLE MR. JUSTICE ARUN MONGA
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order (Oral)
09/02/2026
Per: Arun Monga, J
1. Appellant seeks condonation of delay of 624 days in filing the
accompanied appeal. For the reasons stated hereinafter, this is not
a fit case where discretion to condone the delay ought to be
exercised.
2. Appeal is directed against judgment and decree dated
12.12.2023 passed by learned Judge Family Court, Jalore in Civil
Misc. Case No.35/2021, vide which the learned Family court had
allowed the application for restitution of conjugal rights of the
respondent filed under Section 9 of Hindu Marriage Act.
3. The explanation for seeking condonation is totally mechanical
and there seems to be no application of mind. No specific details
or day to day explanation have been given as to why the matter
remained pending.
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4. For ready reference paras No.1 to 6 of the application are as
below:
"1. That the applicant/appellant has filed the accompanying Civil
Miscellaneous Appeal challenging the judgment and decree dated
December 12, 2023, passed by the Learned Judge, Family Court,
Jalore, in Family Original Case No. 35/2021 (Jog Singh Vs. Smt.
Bhamari Devi).
2. That the applicant has preferred the accompanying Civil
Miscellaneous Appeal before this Hon'ble Court, which has been filed
with a significant delay of approximately 624 days. The said delay is
purely inadvertent and bona fide in nature, having occurred due to
unavoidable and genuine circumstances beyond the applicant's control.
3. That the applicant is a humble individual residing in a remote rural
area of Jalore. Being largely uneducated and legally illiterate, the
applicant was genuinely unaware of the specific legal procedures and
the statutory limitation period for filing an appeal and, thus, could not
take timely steps to challenge the wrongful dismissal of his divorce
petition.
4. That the applicant faced multiple hardships, including severe
financial constraints and difficulty in arranging frequent and costly
travel from his remote village in Jalore to Jodhpur to consult a High
Court advocate. Due to these limitations, obtaining a certified copy of
the lengthy order, seeking proper legal advice, and arranging the
necessary financial resources consumed substantial time.
5. That the delay has not been caused intentionally or deliberately, but
is solely attributable to the applicant's lack of legal knowledge, his
socioeconomic background, and the genuine difficulty in arranging
resources. The appeal was ultimately filed as soon as the applicant
was able to understand the legal recourse available and arrange all
necessary resources to instruct his counsel.
6. That the delay is neither deliberate nor mala fide, and no prejudice
would be caused to the respondent if the delay is condoned, as the
matter involves the continuation of a marriage that has clearly
suffered an irretrievable breakdown. On the contrary, the applicant
will suffer irreparable loss and injury if this Hon'ble Court refuses to
entertain the appeal on purely technical grounds."
5. Learned counsel for the applicant argues that the delay in
filing the accompanied appeal is bona fide and unintentional for
the reasons stated in the application.
6. Having gone through the contents of the application under
Section 5 of the Limitation Act seeking condonation of delay, it
transpires that not only a completely beaten up stand has been
taken therein justifying the delay in the most mechanical and
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nonchalant manner, but, even otherwise, its lacks the necessary
particulars.
7. No doubt in deserving case, Courts are liberal to grant
indulgence but instant is not a case of such kind.
8. We are unable to persuade ourselves with the reasons given
in the application. It is a settled position in law that delay confers
crystallized rights in favour of a litigant by virtue of law of
limitation. Delay and latches since result in freezing of the vested
rights in a party, which seeks enforcement of the same, the said
right cannot be taken away unless there is a sufficient cause
shown by the party seeking condonation of delay.
9. Qua the condonation of delay, reference may be had to Apex
Court judgment in Ramlal and others Vs. Rewa Coalfields
Ltd.1 Relevant extract of the same is reproduced hereinbelow:-
"7. In construing Section 5 it is relevant to bear in mind two
important considerations. The first consideration is that the expiration
of the period of limitation prescribed for making an appeal gives rise
to a right in favour of decree holder to treat the decree as binding
between the parties. In other words, when the period of limitation
prescribed has expired the decree holder has obtained a benefit under
the law of limitation to treat the decree as beyond challenge and this
legal right which has accrued to the decree holder by lapse of time
should not be light heartedly disturbed. The other consideration
which cannot be ignored is that if sufficient cause for excusing delay
is shown discretion is given to the Court to condone delay and admit
the appeal. This discretion has been deliberately conferred on the
Court in order that judicial power and discretion in trial behalf
should be exercised to advance substantial justice."
10. Reference may also be had to another Apex Court judgment
in Ajit Singh Thakur Singh v. State of Gujarat,2 wherein it is
observed thus:-
".....it is true that a party is entitled to wait until the last day of
limitation for filing an appeal, but when it allows limitation to expire
and pleads sufficient cause for not filing the appeal earlier, the
sufficient cause must establish that because of some event or
1 1962 AIR (SC) 361
2 AIR 1981 SC 733
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circumstance arising before limitation expired it was not possible to
file the appeal within time. No event or circumstance arising after the
expiry of limitation can constitute such sufficient cause. There may be
events or circumstances subsequent to the expiry of limitation which
may further delay the filing of the appeal, but that the limitations has
been allowed to expire without the appeal being filed must be traced
to a cause arising within the period of limitation. In the present case,
there was no such cause, and the High Court erred in condoning the
delay."
11. In the aforesaid premise, since the appeal is not
maintainable on the ground of delay, no ground to hear the main
appeal on merits is made out.
12. Both, the application for condonation of delay as well as
main appeal are dismissed.
13. Any other application, if pending, shall also stand disposed
of.
(YOGENDRA KUMAR PUROHIT),J (ARUN MONGA),J
21-raksha/-
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