Shankar Meena S/O Shri Kishan ... vs Smt. Vimla W/O Shri Shankar Meena ...
2022 Latest Caselaw 409 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Civil Miscellaneous Appeal No.1221/2021

Shankar Meena S/o Shri Kishan Meena
                                                                  ----Appellant
                                   Versus
Smt. Vimla W/o Shri Shankar Meena D/o Shri Shankar Lal
                                                                ----Respondent

For Appellant(s) : Ms. Shweta Pareek for Mr. Ritesh Jain through V.C.

For Respondent(s) :

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

18/01/2022

Heard on application for condonation of delay in filing of the

appeal.

The judgment and decree impugned was passed by the

Family Court on 16.11.2019. The appellant had three months

limitation for filing of appeal, however due to surge of COVID 19,

the appeal could not be filed within the period of limitation. In

view of the judgment passed by the Supreme Court in Misc.

Application No.665/2021 in SMW (C) No.3/2020 passed on

23.09.2021, the period from 15.03.2020 to 02.10.2021 is to be

excluded for the purpose of counting limitation. Therefore, the

delay would be only upto 20.03.2020.

Considering that the said period from the date of expiry of

period of limitation till 15.03.2020 is a short period and the delay

(2 of 2) [CMA-1221/2021]

has also been sufficiently explained, delay in filing appeal is

condoned.

Accordingly, the application for condonation of delay is

allowed.

Admit.

Call for the record.

Issue notice to the respondents on payment of P.F. within a

period of two weeks.

Notice be made returnable within four weeks.

(BIRENDRA KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),J

Karan/34

Powered by TCPDF (www.tcpdf.org)