Hajarilal vs Mangilal
2023 Latest Caselaw 2998 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR SA No. 1705 of 2019 [HAJARILAL (DIED) THROUGH LR'S AND OTHERS Vs MANGILAL AND OTHERS]

Dated : 17-02-2023 Shri Rishikesh Bohare - learned counsel for appellants.

Shri Varunk Kaushik - learned Government Advocate for State. Heard on I.A. No.3780/2019, an application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal.

As per Office note, the appeal is barred by 11 days. Learned counsel for appellants submits that although they had got the

certified copy of the impugned judgment within the period of limitation but due to their poor financial condition, the appeal could not be filed within the period of limitation period. The delay was not intentional. Hence, the same deserves to be condoned.

Considering the reasons mentioned in the application which is supported by an affidavit, the same is allowed. The delay in filing the appeal is hereby condoned.

Let record of the courts below be requisitioned. List the matter after receipt of record for arguments on admission.

(SATYENDRA KUMAR SINGH) JUDGE

Aman

Digitally signed by AMAN TIWARI Date: 2023.02.17 18:13:28 +05'30'