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MAHESH SINGH versus STATE & ANR

High Court of Rajasthan

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MAHESH SINGH v STATE & ANR - CCOMA Case No. 04801 of 2004 [2005] RD-RJ 545 (4 March 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIV.CROS.OBJ.MISCAPP No. 04801 of 2004

MAHESH SINGH

V/S

STATE & ANR

Mr. KR SARAN, for the appellant / petitioner

Date of Order : 4.3.2005

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the appellant.

The Registry has reported the cross-objection to be barred by time. An affidavit has been filed in support of the application filed under Sec.5 of the Limitation Act. All that, is contended therein, is that appellant could not remember the correct date of service. Then it is alleged that in para no.5 of the affidavit that petitioner is severely suffering from illness Lumbabeg since 29.7.04 to 13.8.04, and after taking treatment and curement, he came to Jodhpur and consulted with his counsel, and filed the cross objection. A perusal of certificate shows that this is not the ailment certified in the certificate as mentioned in para no.5 of the affidavit.

A perusal of certificate, in my view, it does not inspire confidence about the sufficient cause sought to be pleaded. Thus in my view, it hardly constitutes any sufficient cause, whereby the appellant may have been prevented from filing the appeal. Thus I do not find any sufficient ground to condone the delay. The Cross objection is therefore, dismissed as time barred.

( N P GUPTA ),J. /Srawat/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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