[2025:RJ-JP:25825] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 230/2024 1. Ramgilas Son Of Ramphool, Aged About 50 Years, Resident Of Gulabpura, Tehsil Sapotara, District Karauli(Raj.). 2. Amaritlal, Son Of Ramphool, Aged About 45 Years, Resident Of Gulabpura, Tehsil Sapotara, District Karauli (Raj.). 3. Premraj, Son Of Ramphool, Aged About 40 Years, Resident Of Gulabpura, Tehsil Sapotara, District Karauli (Raj.). 4. Anmol Son Of Ramphool, Aged About 35 Years, Resident Of Gulabpura, Tehsil Sapotara, District Karauli (Raj.). ----Appellants Versus 1. Mahendra Pal Son Of Jaswant Pal, (Since Deceased) Through Lrs- 1/1. Balveer Pal Son Of Late Mahendra Pal, Resident Of Gulabpura, Tehsil Sapotara, District Karauli (Raj.). 1/2. Devendra Pal Son Of Late Mahendra Pal, Resident Of Gulabpura, Tehsil Sapotara, District Karauli (Raj.). 1/3. Smt. Gajraj Kanwar Wife Of Late Mahendra Pal, Resident Of Gulabpura, Tehsil Sapotara, District Karauli (Raj.). ----Respondents For Appellant(s) : Ms. Saniya Sheri, Adv for Mr. Naseemuddin Qazi, Adv. For Respondent(s) : Mr. Hari Krishana Sharma, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 12/07/2025 This civil second appeal has been filed by the appellants- defendants-non-applicants(for short ‘the non-applicants’) against the order dated 23.02.2024 passed by the District Judge, Karauli [2025:RJ-JP:25825] (2 of 3) [CSA-230/2024] in Civil Appeal No.81/2023, whereby the appeal filed by the non-applicants has been dismissed, which was filed against the judgment and decree dated 03.08.2023 passed by Civil Judge, Sapotara District Karauli in Civil Suit No.25/2017(04/13) by which the trial court allowed the applicants’ application filed under Section 34 of the Money Lending Act. Brief facts of the case are that the respondents-applicants (for short ‘the applicants’) filed an application under Section 34 of the Money Lending Act, which has been allowed by the trial court vide its judgment and decree dated 03.08.2023. Learned counsel for the non-applicants submits that they had preferred an appeal on 27.10.2023 before the appellate court along with an application under Section 5 of the Limitation Act. Learned counsel for the non-applicants also submits that, due to unavoidable circumstances, the non-applicants could not file the appeal within the prescribed time and for this reason the application under Section 5 of the Limitation Act was filed. However, instead of condoning the delay, the appellate court dismissed the appeal being filed after the prescribed period of limitation. Learned counsel for the non-applicants also submits that in the interest of justice, order of the appellate court be set aside and matter be remanded to the appellate court to decide the appeal on merits. Learned counsel for the applicants has opposed the arguments advanced by learned counsel for the non-applicants and submitted that the non-applicants had failed to give a cogent reason for delay in filing the appeal, so the appellate court rightly [2025:RJ-JP:25825] (3 of 3) [CSA-230/2024] dismissed the appeal filed by the non-applicants on the ground of limitation. So, the present civil second appeal filed by the non-applicants being devoid of any merit, is liable to be dismissed. I have considered the arguments advanced by learned counsel for the non-applicants as well as counsel for the applicants. It is an admitted position that trial court allowed the application filed by the applicants on 03.08.2023. In application under Section 5 of the Limitation Act, the non-applicants mentioned that their counsel didn’t know the mobile number of the parties, so, he informed them from other villagers and subsequently they applied for certified copy on 05.10.2023. So, delay in filing the appeal needs to be condoned and appeal filed by the non-applicants deserves to be allowed. Accordingly, the appeal filed by the non-applicants is allowed. The order dated 23.02.2024 passed by the appellate court is set aside with a direction to the appellate court to re-register the appeal on its number and decide the appeal filed by the non-applicants, expeditiously, in accordance with law. Both the parties are directed to appear before the appellate court on 01.08.2025. Pending application(s), if any, stand, disposed of. (NARENDRA SINGH DHADDHA),J AVG/34