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BHAGWAT SINGH versus R.S.R.T.C. & ANR

High Court of Rajasthan

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BHAGWAT SINGH v R.S.R.T.C. & ANR - CMA Case No. 05238 of 2004 [2005] RD-RJ 605 (16 March 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL MISC. APPEAL No. 05238 of 2004

BHAGWAT SINGH

V/S

R.S.R.T.C. & ANR

Mr. MANOJ RATHORE, for the appellant / petitioner

Date of Order : 16.3.2005

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the appellant.

By the impugned order, the learned trial court has dismissed the application for restoration to restore the restoration application, which had been dismissed in default. The appeal is reported to be time barred by 34 days. A look at application filed under Sec.5 of the

Limitation Act, shows that all that has been alleged is, that due to ailment of appellant, appellant could not file the appeal within time.

Nothing has been shown, as to what was the ailment or its magnitude, and the duration during which the appellant is said to have suffered ailment, as such, this, in my view, the facts pleaded hardly constitute any sufficient cause whereby the appellant may have been prevented from filing the appeal within limitation.

Thus I do not find any sufficient ground to condone the delay. The application filed under Sec.5 of the Limitation Act is, therefore, dismissed, and consequently the appeal is also 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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