Smt. Santosh Devi W/O Shri Munshi ... vs Surendra Kumar S/O Late Shri Sugan ...
2021 Latest Caselaw 127 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 115/2020

Smt. Santosh Devi W/o Shri Munshi Lal Mathur
                                                                  ----Appellant
                                   Versus
Surendra Kumar S/o Late Shri Sugan Chand Choudhary
                                                                ----Respondent

For Appellant(s) : Mr. Hemant Gajraj (through VC) For Respondent(s) : Mr. Ajay Gupta (through VC)

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

07/01/2021

Heard on application under Section 5 of the Limitation Act for

condonation of delay in filing the appeal.

Counsel for the appellant submits that the appellant is a 65

years old illiterate and widow lady.

Counsel for the respondent opposed the application and

submitted that the appellant contested the matter before the

learned trial Court and the judgment passed by the trial Court was

well within the knowledge of the appellant, therefore, this

application deserves to be dismissed.

Counsel further submitted that the Sub-Registrar has already

cancelled the 'Patta' in compliance of the judgment and decree

passed by the learned trial Court.

In support of his contention, counsel relied upon the

judgment passed by the Hon'ble Supreme Court in the matter of

'Mohd. Sahid And Others Versus Raziya Khanam (Dead) Through

Legal Representatives And Others' passed in year (2019) 11

Supreme Court Cases 384. Counsel also relied upon the judgment

(2 of 2) [CFA-115/2020]

passed by this Court in the matter of 'Durga Ram Versus Hukma

Ram' in year 2018(1) WLC (Raj.) UC 661, Rajasthan High Court

(Jodhpur).

Heard counsel for the parties and perused the record.

This application filed by the applicant under Section 5 of the

Limitation Act for condonation of delay in filing the appeal

deserves to be allowed for the reason that the applicant is a 65

years old illiterate and widow lady, therefore, considering the facts

and circumstances of the present case, I deem it just and proper

to allow this application.

Hence, the application under Section 5 of the Limitation Act

is allowed and the delay in filing the appeal is condoned.

Counsel for the appellant may supply a copy of this appeal to

Mr. Ajay Gupta, Adv. appearing on behalf of respondent no.1.

List this appeal for admission on 18.01.2021.

(INDERJEET SINGH),J

CHARU SONI/30

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