HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4773/2021
Saroj Devi Jain Wife Of Vinod Kumar Jain Jaipuria
----Petitioner
Versus
Kesar Dev Joshi Son Of Okarmal Joshi (Since Deceased) through
legal representatives
----Respondent
For Petitioner(s) : Mr. R.K. Agarwal , Sr. Adv. with Ms. Sunita Pareek For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 10/08/2021 Learned counsel for the petitioner, relying upon the judgment passed by the Supreme Court in the case of Nasiruddin & ors. Vs. Sita Ram Agarwal reported in (2003)2 SCC 577, to submits that the provision of Section 5 of Limitation Act would not apply beyond the statute provisions. Learned counsel further relies upon the judgement of Rajasthan High Court in the case of Gopal Singh vs. Civil Judge (Jr. Divison), reported in AIR 2011 Raj.14, to submit that the delay in condonation was done after ten years and such condonation ought not be allowed.
Issue notice of the writ petition as well as stay application, returnable within two weeks.
Notice be given 'dasti', as prayed. In the meanwhile, further proceedings shall remain stayed.
(SANJEEV PRAKASH SHARMA),J TN/37 (Downloaded on 11/08/2021 at 10:11:23 PM) Powered by TCPDF (www.tcpdf.org)