Satish K.Agnihotri, J. - (1.)The petitioners, being aggrieved by the order dated 05.05.2004 passed by the Additional District Judge, Balod, District Durg, passed in M.J.C. No. 10/2003 (Annexure P/1), whereby and where under the appeal preferred by the petitioner against the judgment dated 18.02.2003 (Annexure P/4) passed in Civil Suit No. 23 -A/2002, by Civil Judge, Class I, Balod, District Durg, has been rejected as being time barred, have filed this petition seeking a writ in the nature of certiorari to condone the delay of eight days in filing the first appeal and consequently, the impugned judgment and order dated 05.05.2004, may be quashed.
(2.)The relevant facts for disposal of this writ petition is that the Civil Judge, Class I, Balod, District Durg dismissed the suit of the petitioners (plaintiffs) for declaration and permanent injunction. The petitioners filed an appeal before the District Judge, Durg along with an application for condonation of delay under section 5 of the Limitation Act, 1963 on 01.04.2003. The petitioners, in their application, clearly stated that the petitioners came to know the fact of the decision of the suit on 21.03.2003, when they had gone to Balod Court. The petitioners were not informed about the judgment dated 18.02.2003 passed by the Trial Court. The petitioners made an application on the same day for obtaining certified copy of the judgment on 21.03.2003. The same was made available to petitioners on 25.03.2002. The appeal was immediately preferred on 01.04.2003. In the process, there was a delay of eight days which was beyond control of the petitioners and the same deserves to be allowed in the interest of justice.
(3.)Learned counsel appearing for the respondent No. 2 and 3 did not oppose the application for condonation of delay seriously and stated that the facts stated by the petitioners were not correct and prayed for dismissal of the appeal being time barred on the ground of delay of eight days.
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