Dr. Vineet Kothari, J. - (1.) THE matter comes up today in pursuance of previous order dated 07.01.2015 passed by this Court whereby the application (IA No. 3444/2014) filed by the applicant, Bhanwarlal S/o. Lakhma Gameti, under Order 1 Rule 10 of Code of Civil Procedure, 1908, seeking his impleadment in the present first appeal was allowed and the counsel for the appellant -Smt. Brijbala (who is now represented through her legal heirs) were directed to file the amended cause title within a period of two weeks.
(2.) AS per office report dated 21.01.2015, the amended cause title has not been filed so far by the learned counsel for the appellant, therefore, the matter was listed before the Court on 27.01.2015 and now today again on 04.02.2015. Mr. Khet Singh, learned counsel appearing on behalf of appellant informed the Court that the amended cause title has been filed today in the office but admittedly the same has been filed beyond the period of two weeks pursuant to the order dated 07.01.2015. Mr. Khet Singh, learned counsel for the appellant submitted a separate application (IA No. 865/2014) was filed on 11.02.2014, although the present appeal was filed by the appellant on 06.09.2013, has been filed by the appellant along -with present first appeal seeking leave of this Court to file and maintain the present first appeal. Since the present appellant was not a party before the learned trial court.
(3.) SO far as delay of 1571 days caused in filing the present appeal is concerned, the appellant/applicant has also filed an application under Section 5 of the Limitation Act being C.M.C.C. No. 103/2014 on 11.02.2014 explaining the said delay and seeking condonation of such delay of about 4 years in filing the present appeal against the judgment and decree dated 18.02.2009 in Civil Suit No. 63/2009 -Ambalal & Ors. Vs. Ramlal for cancellation of registered sale deed dated 14.11.1995 executed by one Champalal in favour of appellant/defendant, Ramlal, who in turn sold the suit land situated in Savina Kheda, Udaipur, to the applicant, Smt. Brijbala. The relevant para (2) of the said application under Section 5 of the Limitation Act is quoted herein below: - "2. That the delay in filing the appeal has occasioned due to the fact that the appellant came to know about the passing of judgment and decree by the court of Additional District Judge (FT) No. 2, Udaipur only on 02.04.2013 and thereafter there was reasonable cause for not filing the appeal within time and delay in appeal deserves to be condoned.";