DINESH CHANDRA DUBEY Vs. KRIPA SHANKAR DUBEY

JUDGEMENT

(1.) This is defective time-barred appeal. Heard learned counsel for the appellant on disposal of application for condonation of delay in filing the present second appeal.

(2.) Original Suit No. 352/1999 Dinesh Chandra Dubey v. Kripa Shanker Dubey & others, was dismissed by the judgment dated 19.11.2008, of Civil Judge (Junior Division), Naugarh, Siddharthnagar. Against this judgement of trial court, Civil Appeal No. 109/2008 Dinesh Chandra Dubey v. Kripa Shanker Dubey & others was filed, which was heard and dismissed by judgment dated 31.05.2014 of Additional District Judge, Court No.-2, Siddharthnagar. By this judgment, the findings and judgment of trial court was confirmed.

(3.) Against the judgment of trial court as well lower appellate court, the memorandum of second appeal was filed by plaintiff-appellant beyond 1 year and 143 days after the lapse of period of limitation. This is supported by application for condonation of delay in filing appeal along with affidavit of plaintiff-appellant. In this affidavit the grounds taken for condonation of delay are mentioned in paras 2 to 5 on affidavit, which are as under:-