AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is barred by 674 days. The appellant has moved an application I.A. No. 10334/2010 seeking condonation of delay.
For ready reference, we quote the entire application which reads as under:
The appellant humbly submits as under:
That, the appellant has filed the attached appeal aggrieved by the judgment and decree dated 5.8.2008, he hopes to succeed in it.
That, the bona fide mistake of the appellant that he could not meet the counsel and the appellant had no knowledge for filing the instant appeal within prescribed period.
That, therefore there is bona fide mistake in filing the appeal delayed, therefore, it is liable to be condoned the delay of 765 days.
That, an affidavit in support of this application is filed herewith.
PRAYER
it is, therefore, most humbly prayed that this Hon''ble Court may be pleased to condone the delay for filing the instant appeal, in the interest of justice.
From the perusal of the aforesaid, we find that the long delay of 674 days has not been explained by the appellant at all. Merely the appellant could not meet his counsel or the appellant had no knowledge of filing of appeal, can not be sufficient ground to condone the delay of 674 days. The trial Court granted decree of restitution of conjugal rights in favor of the respondent in which the appellant was served, written statement was filed by him but thereafter he had not appeared in the case and proceeded ex parte.
In these circumstances, the appellant was having knowledge in respect of pendency of the suit before the trial Court and after contest of the suit, he had not appeared and was proceeded ex parte. In these circumstances, we do not find any reason to condone the delay of 674 days in filing this appeal. This application is rejected.
As the application for seeking condonation of delay has been rejected, this appeal is also dismissed as barred by limitation with no order as to cost.