NARENDRA SINGH DHADDHA, J. - (1.) By way of this Civil Second Appeal, appellants have challenged the judgment and decree dated 27.01.2020 passed by Additional District Judge No.1, Bharatpur in regular Civil Appeal No. 84/2019, whereby learned Appellate Court dismissed the ap- plication filed by the appellants under Section 5 of the Limitation Act for condoning delay in preferring First Appeal and confirmed the judgment and decree dated 18.01.2019 passed by Senior Civil Judge-Cum-Additional Chief Judicial Magistrate No.4, Bharatpur in (2 of 3) Civil Suit No.23/2016, whereby suit for declaration and permanent injunction was decreed.
(2.) Learned counsel for the appellants submitted that learned First Appellate Court, in cursory manner without applying the application of mind, dismissed the application filed by the appellants under Section 5 of the Limitation Act. Learned counsel for the appellants also submitted that Hon'ble Apex Court in the case of S. Ganesharaju held that the expression "sufficient cause" as appearing in Section of the Limitation Act has to be given a liberal construction so as to advance substantial justice.
(3.) Learned counsel for the appellants also submitted that there was no mala fide intention for delay in filing the appeal. So, appeal filed by the appellants be allowed and the matter be remanded to the learned Appellate Court for deciding the matter afresh after hearing both the parties on merit.;