High Court of Rajasthan
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MOHAN LAL v UNION OF INDIA & ORS. - CR Case No. 412 of 2006  RD-RJ 468 (22 January 2007)
S. B. Civil Revision Petition No.412/2006
(Mohan Lal v. Union of India & Others)
Date of Order: : 22-01-2007
HON'BLE MR. PRAKASH TATIA, J.
Mr. N.L.Joshi, for Petitioner.
Mr.Arun Bhansali, for non-petitioners.
Heard learned counsel for the parties.
The First Appellate Court dismissed the petitioner's application filed under Section 5 of the Limitation Act for condonation of delay of 31 days only for preferring appeal. The petitioner's submission in the trial Court was that he is having a small tea stall, but in the application filed under Section 5 of the
Limitation Act, he mentioned that to earn labour, he went in a different village and, therefore, delay was caused. The First
Appellate Court dismissed the application of the petitioner under
Section 5 of the Limitation Act, only on the ground that the petitioner has disclosed different job for himself than what he said in his statement during trial of suit.
On this ground, the Court should not have dismissed the application of the petitioner filed under Section 5 of the
Limitation Act, because of the simple reason that a petty tea stall owner or a person working in the tea stall might have gone because of very many reasons to find out some job.
In view of the above, the revision petition is allowed. The application filed by the petitioner under Section 5 of the
Limitation Act is allowed. The First Appellate Court is directed to decide the appeal on merits.
Both the parties are directed to appear before the First
Appellate Court on 26th February, 2007.
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