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SHANKAR LAL versus CHHOTI DEVI

High Court of Rajasthan

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SHANKAR LAL v CHHOTI DEVI - CMA Case No. 01819 of 2001 [2005] RD-RJ 774 (5 April 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL MISC. APPEAL No. 01819 of 2001

SHANKAR LAL

V/S

CHHOTI DEVI

Ms. DEEPIKA VYAS, 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.

The only ground given is that the appellant is of old age living in Merta city and his financial position is critical, so he could not file the appeal. In the affidavit, his age is deposed to be 50 years, which can hardly be said to be old age in the present times.

The affidavit thus does not disclose any sufficient ground whatever, which may have prevented the appellant in filing the appeal within time. The application under Section 5 of the Limitation Act is, therefore, dismissed, and consequently, 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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