Navalkishore vs Jagmohan
2023 Latest Caselaw 998 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      SA No. 1650 of 2022
                                                (NAVALKISHORE Vs JAGMOHAN AND OTHERS)

                          Dated : 17-01-2023
                                Shri Hemant Kumar Namdeo - Advocate for the appellant.

                                None for the respondents.

By order dated 09.01.2023, a week's time was granted to the respondent to file reply of I.A. No.7723/2022, an application for condonation of delay.

Today, neither the counsel for the respondent is present nor any reply

has been filed.

It is submitted by the counsel for the appellant that S.A. No.1649/2022 arising from the same judgment was also barred by time.

It is submitted that delay in S.A. No.1649/2022 has already been condoned. It is further submitted that the delay was caused because of financial crises, which was being faced by the appellant. He was not aware of passing of the impugned judgment and he came to know only when he contacted the counsel. After making arrangement for Court fees and filing expenses, he came to Jabalpur and handed over the file to the present counsel. It is submitted by

counsel for the appellant that the appellant may not be made to suffer because of his poverty.

Since the application has not been opposed by the respondents, therefore, I.A. No.7723/2022, an application under section 5 of the Limitation Act is hereby allowed.

The delay of 43 days in filing the appeal is hereby condoned. List this case for arguments on admission in the next week.

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/19/2023 12:23:23 PM

(G.S. AHLUWALIA) JUDGE pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 1/19/2023 12:23:23 PM