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CHET RAM versus HARI RAM

High Court of Rajasthan

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CHET RAM v HARI RAM - CMA Case No. 01673 of 2003 [2005] RD-RJ 761 (5 April 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL MISC. APPEAL No. 01673 of 2003

CHET RAM

V/S

HARI RAM

Mr. KAILASH KHATRI, for the appellant / petitioner

Date of Order : 5.4.2005

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the appellant and perused the application under Section 5 of the Limitation Act and the affidavit.

The only ground given for not filing the appeal within time is due to loss of mental balance and illness. Suffice it to say that apart from the bald averment in the affidavit, there is no material on record to substantiate the averment. As transpires from the impugned order, that the suit also proceeded exparte, and the ground given was that in the year 1993, the appellant's wife and son expired, and other children were seriously injured. Now it is said that on account of that incident, the appellant suffers fits. If that would have been the ailment, for it sufficient medical evidence could be available with the appellant, but nothing has been placed on record.

Thus, I do not find any sufficient ground to have been made out whereby the appellant may have been prevented from filing the appeal within time. The application under Section 5 of the Limitation

Act is, therefore, dismissed, and in turn, the appeal is also dismissed as time barred.

( N P GUPTA ),J. /tarun/


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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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