KALLARAM S/O LATE DALCHAND URF DALU v. RAMAKANT GUPTA S/O RAMDAYAL GUPTA
CFA/665/2025 · 2025-04-03
Narendra Singh Dhaddha
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 13399 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13399 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:15057] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 665/2025 Kallaram S/o Late Dalchand Urf Dalu, Aged About 67 Years, Occupation Goldsmiths Work, R/o Ward No. 17, Kasba Weir, Tehsil Weir, District Bharatpur. ----Appellant Versus Ramakant Gupta S/o Ramdayal Gupta, R/o Ward No. 4 Kasba Weir, Tehsil Weir, District Bharatpur. ----Respondent For Appellant(s) : Mr. Sanjay Joshi, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order 03/04/2025 This appeal has been filed by the appellant-defendant (for short ‘the defendant’) against the judgment and decree dated 30.03.2019 passed by Additional District Judge No. 1, Bayana Camp Weir (Bharatpur) in civil suit No. 32/2017 (10/2009) whereby the suit filed by the plaintiff-respondent (for short ‘the plaintiff’) has been decreed in his favour. Alongwith the said appeal, an application under Section 5 of the Limitation Act has been filed for condonation of 2097 days delay in filing the appeal.
Learned counsel for the defendant submits that delay in filing the appeal is unintentional. So, in the interest of justice, delay of 2097 days in filing the appeal may be condoned. Heard learned counsel for the defendant on the application under Section 5 of the Limitation Act. The reasons given in the
[2025:RJ-JP:15057] (2 of 2) [CFA-665/2025] application under Section 5 of the Limitation Act are reproduced as under:-
“2. That the appellant is uneducated person and not conversant with the fact that there is specific time period is mentioned in the CPC for filing appeal against the judgment and decree passed by the Ld. Court below. As such the valuable property right of the appellant is involved in the appeal. The delay in filing appeal is not deliberate.” The defendant has not shown any plausible cause for filing the present appeal after an inordinate delay of 2097 days. Entirely vague averments have been made. Ignorance of law is no excuse. So, I do not consider it a fit case to condone the inordinate delay of 2097 days. Thus, application filed by the defendant for condonation of 2097 days delay in filing the appeal is devoid of merit and liable to be dismissed, which stands dismissed accordingly. Consequent upon the dismissal of the application under Section 5 of the Limitation Act, the appeal also stands dismissed.
(NARENDRA SINGH DHADDHA),J Gourav/102