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SAWMI RAMESHWAR NAND versus SHRI PARMANAND

High Court of Rajasthan

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SAWMI RAMESHWAR NAND v SHRI PARMANAND - CMA Case No. 01150 of 2005 [2007] RD-RJ 3585 (25 July 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL MISC. APPEAL No. 01150 of 2005

SAWMI RAMESHWAR NAND

V/S

SHRI PARMANAND

Mr. DEEP CHAND SHARMA, for the appellant / petitioner

Mr. RK SINGHAL, for the respondent

Date of Order : 25.7.2007

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the appellant.

Perused the application under Section 5 of the

Limitation Act.

The only ground given in the application is that the applicant is the real and legal owner of Hans Nirwan

Ashram while the respondent is neither disciple of Shri

Hans Nirwan nor Shri Shyamanandji, and that owing to the fraud and misrepresentation of facts the respondent has succeeded in his game, and therefore, the petitioner claims to be entitled to condonation of delay. Then, it is pleaded that the appellant filed an application before the learned

District Judge as an executor wherein the respondent filed application on 7.3.2005 along with a copy of the order, and there-from the limitation is sought to be claimed i.e. from the date of knowledge.

In my view, when the respondent applied for succession certificate, a public notice was issued, and in the present case it was issued in the local daily news paper Jalte Deep but the petitioner did not raise any objection.

In these circumstances, in my view, no sufficient cause is made out for condoning the delay of this long period of more than five years. The application under

Section 5 is dismissed, and consequently the appeal is also dismissed as time barred.

( N P GUPTA ),J. /Sushil/


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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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