Saroj Devi Jain Wife Of Vinod Kumar ... vs Kesar Dev Joshi Son Of Okarmal ...
2021 Latest Caselaw 3548 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                    S.B. Civil Writ Petition No. 4773/2021

                                   Saroj Devi Jain Wife Of Vinod Kumar Jain Jaipuria
                                                                                                       ----Petitioner
                                                                        Versus
                                   Kesar Dev Joshi Son Of Okarmal Joshi (Since Deceased) through
                                   legal representatives
                                                                                                     ----Respondent

For Petitioner(s) : Mr. R.K. Agarwal , Sr. Adv. with Ms. Sunita Pareek For Respondent(s) :

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

10/08/2021

Learned counsel for the petitioner, relying upon the judgment

passed by the Supreme Court in the case of Nasiruddin & ors. Vs.

Sita Ram Agarwal reported in (2003)2 SCC 577, to submits that

the provision of Section 5 of Limitation Act would not apply

beyond the statute provisions. Learned counsel further relies upon

the judgement of Rajasthan High Court in the case of Gopal Singh

vs. Civil Judge (Jr. Divison), reported in AIR 2011 Raj.14, to

submit that the delay in condonation was done after ten years and

such condonation ought not be allowed.

Issue notice of the writ petition as well as stay application,

returnable within two weeks.

Notice be given 'dasti', as prayed.

In the meanwhile, further proceedings shall remain stayed.

(SANJEEV PRAKASH SHARMA),J

TN/37

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