HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 186/2020 Gilhari S/o Shri Shiv Lal, R/o Jhareda Road, Lal Kuwa, Hindaun, Tehsil Hindaun City, Distt. Karauli Raj. ----Appellant Versus Radheyshyam Chauhan S/o Shri Mangal Ram, R/o Ranjeet Pura, In Front Of Kotwali, Hindaun City, Tehsil Hindaun City Distt. Karauli Raj. ----Respondent For Appellant(s) : Mr. Rahul Sharma, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/08/2025 This second appeal has been filed by the appellant-plaintiff (for short ‘the plaintiff’) under Section 100 CPC against the judgment and decree dated 04.08.2017 passed by the Additional District Judge No.2, Hindaun City, District Karauli, (for short ‘the appellate court’) in Civil Appeal No.117/2012, whereby the appeal filed by the plaintiff has been dismissed and affirmed the judgment and decree dated 21.08.2012 passed by the Civil Judge (Junior Division), Hindaun City in Civil Suit No.75/2004 by which the plaintiff’s suit for permanent injunction has been dismissed. Along with the said appeal, an application under Section 5 of the Limitation Act has been filed for condonation of delay of 942 days in filing the appeal. Learned counsel for the plaintiff submits that delay in filing the civil second appeal is unintentional. So, in the interest of (2 of 3) [CSA-186/2020] justice, delay of 942 days in filing the civil second appeal may be condoned. Heard learned counsel for the applicant on the application under Section 5 of the limitation Act. The reasons given in the application under Section 5 of the Limitation Act are reproduced as under:- “(I) That after the judgment and decree came to be passed by both the learned courts below, the appellant-Gilhari was totally bed ridden and has also failed to inform the pendency/decision of the appeal and has died due to ailment on 23.02.1999. After the death of the appellant Gilhari, his legal representatives have found that appeal filed against the judgment and decree dated 21.08.2012 passed by the learned trial court has already dismissed and thereafter they got certified copies and without further delay have preferred the present second appeal” The applicant has not shown any plausible cause for filing the present civil second appeal after an inordinate delay of 942 days. Nothing has been mentioned as to how and by whom they got information about dismissal of the appeal. Entirely vague averments have been made. So, I do not consider it a fit case to condone the inordinate delay of 942 days. Thus, application filed by the applicant for condonation of 942 days delay in filing the second appeal is devoid of merit and liable to be dismissed, which stands dismissed accordingly. (3 of 3) [CSA-186/2020] Consequent upon the dismissal of the application under Section 5 of limitation Act, the second appeal also stands dismissed. Pending application(s), if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Gourav/30