Ramdeen vs Phool Kumari (Dead) Thr. Legal ...
2022 Latest Caselaw 13800 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        SA No. 2464 of 2019
                           (RAMDEEN AND OTHERS Vs PHOOL KUMARI (DEAD) THR. LEGAL REPRESENTATIVE SMT. PHOOLKALI
                                                             AND OTHERS)

                           Dated : 18-10-2022
                                 Smt. Sanjana Sahni, Advocate for the appellants.

                                 Heard on I.A no.11297/2019, which is an application under Section 5 of
                           the Limitation Act for condonation of delay occurred in filing of the appeal.
                                 Office has reported this appeal to be barred by 22 days.
                                 Despite service of notice on the respondents, no counter/reply has been

filed in response to the I.A. no.11297/19.

Condonation of delay has been sought on the ground that the appellants are rustic villagers and due to sickness and old age could not get knowledge of the judgment and decree and after recovery from the illness, they approached to the counsel at Jabalpur and preferred the second appeal.

In absence of any counter affidavit, the reason of delay mentioned in the application appears to be sufficient. As such, the delay of 22 days occurred in filing of the second appeal is hereby condoned and I.A no.11297/2019 is allowed/disposed off.

List for admission in the week commencing from 21.11.2022 along with SA no.3141/2019.

(DWARKA DHISH BANSAL) JUDGE

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Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 10/18/2022 6:32:04 PM