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NATIONAL INSURANCE CO LTD. v SMT.GANGA DEVI & ORS - CMA Case No. 04977 of 2004  RD-RJ 628 (17 March 2005)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CIVIL MISC. APPEAL No. 04977 of 2004
NATIONAL INSURANCE CO LTD.
SMT.GANGA DEVI & ORS
Ms. MEENAKSHI MAHESHWARI, for the appellant / petitioner
Date of Order : 17.3.2005
HON'BLE SHRI N P GUPTA,J.
Heard learned counsel for the appellant.
The Registry has reported the appeal to be barred by time. The
Judgment impugned was passed on 21.5.04, and it appears that copy was made available to the appellant on the very same day, as it is not the case that copy was subsequently applied, and received lateron. The explanation for the delay, as given, is that after getting the certified copy, legal opinion was sought at various levels, and thereafter legal opinion was given by Sh.Sanjeev Johari on 8.7.04, which was sent to the Regional Office for further consideration. The
Regional Office, then sought further opinion from another Advocate at
Jaipur, and thereafter Regional Office decided to challenge the impugned Award, and instructed Sanjeev Johari vide letter dt. 24.8.04.
Thus, it clearly appears that matter remained lying with the Regional
Office, who dealt with the matter very leisurely without being conscious of requirement of limitation. This, in my view, hardly constitutes 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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