IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1739 of 2008 Raj Kumari Devi, wife of Ram Bilash Sah, resident of Mohalla- Purani Gudari, P.O. Ramna Road, P.S. Town, District- Muzaffarpur. ….Defendant…Appellant…Petitioner. Versus 1. Rajan Kumar, son of late Sohan Lal Sahu 2. Most. Malti Devi, wife of late Sohanlal Sahu. Both residents of Mohalla- Amgola, P.O. Ramna, P.S. Town, District- Muzaffarpur. ...Plaintiffs…Respondents…Opp.Parties. ----------- 05- 3.11.2011 Heard Mr. S.S. Dwivedi for the petitioner, and Mr. Ashok Priyadarshi for the opposite parties. The defendant-appellant has preferred this application under section 115 of the Code of Civil Procedure, and raises a grievance with respect to the order dated 31.7.2008, passed by the learned Additional District Judge, Fast Tract Court-III, Muzaffarpur, whereby his appeal bearing Title Appeal No.05 of 2002 has been dismissed on the ground of delay. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The opposite parties herein had instituted the suit for specific performance of contract. The suit on contest was decreed. The defendant (petitioner herein) preferred the aforesaid Title Appeal No.05 of 2002. The plaintiffs raised the plea of limitation which on contest has been 2 upheld, and the appeal has been dismissed on the ground that it was late by 3 years, 4 months, and 6 days. I do not find even semblance of justification for lodging the appeal so late. We entirely agree with the discussion in the impugned order. 3. There is no merit in this civil revision application and is accordingly dismissed. (S K Katriar, J.) S.K.Pathak/