HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This Regular Second Appeal under Section 100 of the Code of
Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff against the
impugned Judgment of the First Appellate Court dated 5.8.2016 by which
the first appellate court has dismissed the first appeal as barred by limitation
because there was an unexplained delay of 448 days in filing of the first
appeal. The first appellate court found that the grounds for condonation of
delay were not valid grounds for condoning the delay.
2. The reasons given for condonation of delay in the application
for condonation of delay are contained in para 2 of the application under
RSA No. 315/2016 Page 1 of 8
Section 5 of The Limitation Act, 1963 read with the Order XLI Rule 3A
CPC and which para reads as under:-
Source: Indian Kanoon