- (1.) This appeal is directed against judgment and decree dated 01.08.2008 passed by Additional District Judge, Raisingh Nagar, District Sri Ganganagar, whereby, the suit filed by the appellants for specific performance has been rejected by the trial court.
(2.) The office has reported that the appeal is barred by 1916 days i.e. about 51/4 years. An application under Section 5 of the Limitation Act, 1963 ('the Act') has been filed by the appellants, inter alia, with the following averments:- "2. That the appellants were told by their lawyer appearing before the trial court that they were required till their evidence is recorded and thereafter their presence was not regularly required. It was intimated to the appellants that they would be intimated as and when the presence would be required. The fact of the matter is that the appellants were thereafter not in contact with the advocate and due to this lack of communication they did not get intimation regarding passing of the impugned judgment and decree against them. It would be pertinent to submit here that the appellants are still in continuous possession of the land and during this intervening period, the defendants did not even try to take possession of the land or even intimate the appellants regarding passing of the impugned judgment and decree. It is only now that Gurdeo Singh (present respondent No.2) preferred an application before the concerned Tehsildar on 01.07.2013 and sought directions regarding handing over the possession of the land in question to him from the present appellants. Some of the appellants after coming to know about the same filed reply on 09.09.2013. Later on, the appellants got to know about the decision of the suit No.58/1994 as filed by late Shri Tahal Singh and at this point they were advised to seek remedy against the proceedings pending before the Tehsildar. Now when the appellants contacted an advocate at Sri Ganganagar in the month of January then they were advised to assai the impugned judgment and decree before this Hon'ble Court by preferring civil first appeal. The appellants procured the certified copy of the impugned judgment and decree on 22.01.2014 and thereafter they contacted their local lawyer at Sri Ganganagar again who contacted their present advocate at Jodhpur on telephone and briefed the case. The appellants also discussed and briefed the case to their present lawyer and on the evening of 25.1.2014 sent the file alongwith certified copies and Vakalatnama to the present lawyer for the purpose of filing a first appeal. Thereafter the advocate prepared the first appeal and filed the same on 28.1.2014 on the instructions of the appellants. Now, one of the appellants came to Jodhpur on 1.2.2014 and got the stay petition and application for condonation of delay under Section 5 of the Limitation Act prepared and signed and sworn the same as well as the affidavits.
(3.) That the delay in filing the annexed civil first appeal is absolutely inadvertent one and is owning to the lack of communication with the lawyer appearing before the trial court resulting into lack of knowledge about passing of the impugned judgment and decree. The appellants are in possession even till date and the defendants never made any efforts either to take the possession or to intimate the appellants regarding the impugned judgment and decree in order to take possession. This fact itself shows the bona fides of the appellants and the fact regarding lack of knowledge about the passing of the impugned judgment and decree. The time consumed after getting to know about passing of the judgment and decree was for the reason that the appellants contacted an advocate at Sri Ganganagar and got the proper advice only from him and thereafter it took time for the appellants to arrange for the required expenses to file an appeal before this Hon'ble Court. Hence, the delay caused in filing this appeal is an inadvertent and boanfide one, which deserves to be condoned in the interest of justice." 3. Alongwith the application affidavit of one Satpal, who is appellant No.8 has been filed.;