Rakesh Garg, J. - (1.) C.M. No. 1368 -C of 2007.
(2.) THIS is an application for condonation of delay of 5 years 7 months and 9 days in filing the present appeal. In this application, the appellant has alleged that after passing of the judgment and decree dated 2.6.2001, the appellant/defendant filed a review petition bearing No. 19 of 2001 before the Additional District Judge, Narnaul on 17.7,2001 which was entertained by the Additional District Judge, Narnaul and the said review petition was dismissed vide judgment dated 4.12.2006. After dismissal order of the review petition, the appellant/applicant applied for the certified copy of the same on 6.12.2006 and the same was prepared on 9.12.2006 and delivery thereof was taken on 20.12.2006 and the Regular Second Appeal was filed on 11.1.2007 in this Court. It has been further averred in the application that the delay of 5 years 7 months and 9 days in filing the Regular Second Appeal was under the wrong impression and due to the fact that the review petition was filed on 17.7.2001 against judgment and decree dated 2.6.2001 and the decision thereof was passed vide judgment dated 4.12.2006. Thus, the time consumed w.e.f. 17.7.2001 till 4.12.2006 was due to the pendency of the review petition before the Additional District Judge, Narnaul and thus the delay of filing the appeal against the judgment and decree dated 2.6.2001 in this Court is unintentional and beyond the control of the appellant -applicant and due to the reason that review petition has been filed and entertained by the Additional District Judge, Narnaul. On the aforesaid averments, it was prayed that delay of 5 years, 7 months and 9 days in filing the appeal may kindly be condoned.
(3.) UPON notice, the respondents filed reply stating therein that there is no good and justifiable ground to condone the inordinate delay of 5 years 7 months and 9 days in filing this appeal. It was also contended that the appellant has failed to make out the case for condonation of delay as provided under Section 14 of the Limitation Act and therefore this application as well as appeal is liable to be dismissed.;