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SMT.DEV PRABHA & ANR versus HEERALAL

High Court of Rajasthan

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SMT.DEV PRABHA & ANR v HEERALAL - CSA Case No. 03751 of 2004 [2005] RD-RJ 90 (12 January 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

--------------------------------------------------------

CIVIL SECOND APPEAL No. 03751 of 2004

SMT.DEV PRABHA & ANR

V/S

HEERALAL

Mr. SHAMBHOO SINGH, for the appellant / petitioner

Date of Order : 12.1.2005

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the appellant.

The Registry has reported the appeal to be barred by time.

I have perused the application filed under Sec.5 of the Limitation

Act. The appeal has been filed on 6.7.04, and the story propounded inter alia is that the appellant Smt.Dev Prabha came with her father at

Jodhpur on 5.7.04, and contacted the counsel for filing the appeal.

Immediately on the same day, appeal was drafted and filed on 6.7.04. As a matter of fact, two applications under Sec.5 have been filed. One is of 12.8.04 and other one is of 16.12.2004 with the same averments.

A look at record shows that the appeal is accompanied with the application for interim stay, and the affidavit in support of stay application is duly sworn in at Jodhpur on 4.7.04. Thus it is clear that the story of appellant, having come to Jodhpur on 5.7.04 only, is totally false.

That being the position, I do not find any sufficient ground to be there for condoning the delay. The application filed under Sec.5 of the

Limitation Act is, therefore, dismissed. Consequently, the appeal is also dismissed as being 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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