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Judgment
V.K. Sharma, Judge
CMP (M) No. 1511 of 2011
The present application u/s 5 of the Limitation Act, 1963, has been moved by the applicants/appellants for condonation of delay in filling the Regular Second Appeal u/s 100 of the Code of Civil Procedure, 1908. The appeal is barred by time by 6 years 6 months and 22 days. Heard.
The suit for recovery of Rs. 66,919/- filed by the non-applicants/respondents as plaintiffs against the applicants/appellants being the defendants was dismissed after due contest. Being aggrieved, the non-applicants/respondents (plaintiffs) carried the matter in appeal to the court of the learned District Judge, who allowed the appeal after due contest by the applicants/appellants (defendants) and decreed the suit with interest @ 12% per annum with effect from the date of institution till realization vide judgment and decree dated 7.12.2004.
As already noticed, the appeal has been filed quite belatedly after lapse of 6 years 6 months and 22 days. However, there is no reasonable explanation for the delay except a bald assertion made by the applicants/appellants that they remained outside and could not contact their counsel. As such, no ground is made out for condoning the inordinate delay in filing the appeal and the prayer in this regard is declined.
The application stands disposed of. RSA No. 464 and CMP No. 946 of 2011. In view of dismissal of the application for condonation of delay, the appeal and the application for interim stay shall also stand dismissed.