2015 (4) TMI 1364 - HC - Indian Laws

Condonation of delay in filing appeal - delay on the ground that appellants were rustic villagers - sufficient reasons for delay or not - Suit filed for declaration and injunction - exparte order - HELD THAT - The submission of the appellants is that liberal approach ought to have been adopted, may be correct, but the facts and circumstances have been discussed by the appellate Court for the purpose of seeking condonation of delay not only the case of the appellants but also the case of the respondent/plaintiff was considered and it was found that it cannot be said that the appellants did not know the provisions of law because the appellants were litigating against respondent even in other case. Therefore, the plea of the appellants that they were rustic villagers was not found to be correct. No substantial question of law is involved in this appeal. It is dismissed.

Summary

The High Court of Madhya Pradesh dismissed the appeal filed by the appellants against a trial court order favoring the respondent/plaintiff for declaration and injunction. The appellate court found no substantial question of law and refused to condone the delay in filing the appeal. The appellants' plea that they were rustic villagers was not accepted. The appeal was dismissed with no order as to costs.