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TMI Blog2010 (10) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... habad in Misc. Case no. 494 of 1991. 3. The respondent herein filed suit no. 508 of 1983 before the Additional Civil Judge, Allahabad against the appellants for the relief of declaration that she was also one of the owners and co-sharers in the property constituting a house numbering 172, Lookerganj, Allahabad and her name should also be shown as one of the purchasers of the said house in dispute in the sale deed alleged to have been executed in their favour by its earlier owner. The aforesaid suit was earlier contested by the appellants herein but subsequently they failed to appear and consequently an ex parte decree was passed in the said suit in favour of the respondent on 10.05.1988 by the Additional Civil Judge. 4. Thereafter, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court, the appellants moved an application before the Additional District Judge, Allahabad under Section 5 read with Section 14 of the Limitation Act [for short "the Act"] and an appeal was registered as appeal no. 494 of 1991. The respondent herein filed an objection to the application filed by the appellants under Section 5 read with Section 14 of the Limitation Act contending inter alia that the appellants herein did not act in good faith nor had they acted with due care and attention so as to enable them to get the benefit of Section 14 of the Limitation Act and, therefore, the time spent by them in pursuing the matter in the wrong forum should not and cannot be condoned. 7. The plea taken by the appellants in the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dulgence under Section 14 of the Act as it could not have been said that the appellants herein acted in good faith or with due diligence in order to get the benefit of Section 14 of the Act. Since the aforesaid order is challenged in the present appeal and since notice was issued pursuant to which the respondent has also entered appearance, we heard the learned counsel appearing for the parties at length. 10.The counsel appearing for the parties made their respective submissions and in support of their contentions they also relied upon and referred to some of the documents on records. 11.The suit was filed by the respondent herein in the Court of Additional Civil Judge, Allahabad for a declaration that she was a co-sharer in the suit prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary jurisdiction of the District Court was increased from Rs. 20,000/- to Rs. 5 lacs, therefore, the High Court held that now an appeal would lie before the District Court and, therefore, the same could be filed with an application for condonation of delay before the District Judge. 12.The appellants moved the said application under Section 5 read with Section 14 of the Limitation Act. At the time of hearing of the said appeal, it was pointed out in the objection filed by the respondent against the application under Section 5 read with Section 14 of the Act at a very early stage that such an appeal is not maintainable before the District Court as it lacked pecuniary jurisdiction to entertain the said appeal and, therefore, it would have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitial stage by the respondent's filing of an objection. Despite the said fact, they did not take any step to withdraw the same and continued with the proceedings which was void ab initio and without jurisdiction and also obtained an order in their favour. Even before the High Court, where the impugned order was passed the appellants did not appear on the date of arguments or even on the previous dates. Absence of due diligence in pursuing the matter is writ large on the face of the records. Suit of 1983 was decreed ex-parte in the year 1988 and thereafter the proceeding for setting aside the ex parte decree is being dragged on one way or the other by filing application / appeal and is dragging the matter till date. 15.In the list of d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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