Krishna Chandra Kumar vs Laxmi Kumari
2022 Latest Caselaw 541 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             First Appeal No. 65 of 2020
            Krishna Chandra Kumar                                       ---     Appellant
                                           Versus
            Laxmi Kumari                                                ---    Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan Through: Video Conferencing For the Appellant : Mr. Abhishek Kumar Dubey, Advocate

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05/17.02.2022 I. A. No. 6172 of 2021 has been filed by the appellant for ignoring the defect relating to filing of limitation petition. Learned counsel for the appellant has referred to the order dated 16th December, 2020 passed in First Appeal No. 49 of 2019 by this Court holding that the period of limitation for preferring the appeal under Section 19 of Family Courts Act against the judgment and decree passed under the Hindu Marriage Act, shall be 90 days in terms of Section 28(4) of Hindu Marriage Act, 1955. Order is enclosed.

Learned counsel for the appellant further relies upon the order passed by the Apex Court in Suo Moto Writ (C) No. 03/2020 dated 23 rd March, 2020 and also the order dated 23rd September, 2021 passed in Re Cognizance for extension of limitation by the Apex Court and submits that the period from 15 th March, 2021 till 2nd October, 2021 shall stand excluded for the purposes of computing the limitation for filing any suit, appeal, application or proceedings. The balance period remaining as on 15.03.2021 shall be available with effect from 03.10.2021. It is submitted that the impugned judgment is dated 2nd January, 2020 and the limitation would have expired after 90 days. The appeal was filed on 21st August, 2020 during the lock down period. Therefore, neither it was filed beyond time when the lock down started nor is there any delay thereafter in view of the order passed by this Court.

On consideration, the said defect is ignored. Instant I.A stands disposed of.

First Appeal No. 65 of 2020 Issue notice on the respondent under Speed Post and ordinary process, for which requisites be filed within one week, failing which, this appeal shall stand dismissed without further reference to the Bench. Office to track the speed post-delivery.

(Aparesh Kumar Singh, J)

(Deepak Roshan,J) jk/