The Competent Authority Cum Sub ... vs Gopal Purohit
2021 Latest Caselaw 13001 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 1/2020

1. The Competent Authority Cum Sub Divisional Magistrate, (Sub Divisional Officer), Mount Abu.

2. The District Collector, Sirohi.

3. The District Transport Officer, Sirohi

----Appellants Versus Gopal Purohit S/o Sh. Keshvram Ji, Aged About 56 Years, R/o Parsichal, Aburoad.

----Respondent

For Appellant(s) : Mr. Utkarsh Singh for Mr. Sunil Beniwal.

For Respondent(s) : Mr. Sunil Purohit.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

19/08/2021

Heard learned counsel for the parties on application filed by

the appellants under Section 5 of the Limitation Act seeking

condonation of delay in filing the appeal.

In the application under Section 5 of the Limitation Act

submissions have been made that after the impugned judgment

and decree was passed, counsel obtained the copy, a decision

regarding filing of the appeal was taken and the material was

supplied to the office of the Additional Advocate General. The

delay occurred in collecting the further information, which was

sought by the office of the Additional Advocate General, which was

supplied on 22.08.2019, thereafter, it took time for the office of

AAG to prepare the appeal, which has been filed on 13.09.2019. It

(2 of 2) [CFA-1/2020]

is prayed that the appellants have got a strong case and that the

delay in filing the appeal is bona fide, therefore, the same be

condoned.

The application is contested by the respondent - plaintiff

inter alia indicating that the reasons in the application do not

make out a sufficient cause and, therefore, the application

deserves to be dismissed.

Learned counsel for the parties made submissions in terms

of the averments made in the application and the reply.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

The appeal is barred by 95 days, in the application under

Section 5 of the Limitation Act, specific dates and details have

been indicated by the appellants, which led to the delay in filing of

the appeal. The reasons given in the application under Section 5

of the Limitation Act are sufficient for seeking condonation of

delay of 95 days.

Consequently, the application under Section 5 of the

Limitation Act is allowed. The delay is condoned.

List the appeal for admission.

(ARUN BHANSALI),J 12-Sachin/-

Powered by TCPDF (www.tcpdf.org)