- (1.) THE petitioner, who is the respondent in Title Appeal No. 5/2008 has challenged the order dated 31.3.2008 passed by the District Judge, Garhwa whereby, he has ex -parte allowed the application filed by the appellant under Section 5 of the limitation Act and condoned the delay in filing the appeal.
(2.) THERE is no need to issue notice to the respondent in the limitation matter in view of the order that is passed herein below. From perusal of the copy of the order -sheet it appears that on 18.3.2008 a memo of appeal was filed by the respondent which was registered as Title Appeal No. 5/08. After the court fee stamp was filed and stamp reporting was made the appeal was listed on 31.3.2008. On 31.3.2008 the appellate court condoned the delay in filing the appeal and thereafter admitted the appeal and directed to file process fee.
(3.) PRIMA facie either the District Judge is not aware of the procedure to be followed before condonation of delay or he has no elementary knowledge of law. It is well settled that right of appeal is a creature of statute. If the appeal is not filed within time provided in law, the appeal becomes barred and a right accrued to the other party. It is, therefore, mandatory for the appellate court to issue notice and hear the other side before passing the order condoning the delay in filing the appeal. A person in whose favour right accrued must be given reasonable opportunity of hearing in the limitation matter. The impugned order. There fore, cannot be sustained in law. ;