Ganesh Lal Sharma Son Of Shri ... vs Durgashankar Son Of Shri ...
2021 Latest Caselaw 6583 Raj/2

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                                S.B. Criminal Leave To Appeal No. 187/2021

                                   Ganesh Lal Sharma Son Of Shri Mahaveer Prasad Sharma
                                                                                                     ----Appellant
                                                                      Versus
                                   Durgashankar Son Of Shri Nemichand
                                                                                                   ----Respondent

For Appellant(s) : Mr. Sudarshan Kumar Laddha

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

16/11/2021

This matter has come-up on an application filed under

Section 5 of the Limitation Act for condoning the delay in filing the

leave to appeal.

It has been submitted that against the impugned judgment

dated 05.05.2017, the applicant had previously filed appeal before

the learned Sessions Judge, Bundi due to bona fide mistake, but

later on realizing the mistake, the same was withdrawn. The

appeal was filed in the Sessions Court on 11.05.2017 and was

withdrawn on 30.09.2021. This delay has been caused due to

bona fide reasons, i.e. prosecuting the matter in wrong Court.

In view of submissions, the application is allowed. Delay in

filing the leave to appeal is condoned.

Office to proceed accordingly.

List after two weeks.

(MANOJ KUMAR VYAS),J

Hemant/19

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