Prithvi Singh vs Nawal @ Nawla
2022 Latest Caselaw 7943 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 312/2020

Prithvi Singh S/o Shri Prabhu Ram Jat, Aged About 45 Years, R/o Village Sandwa, Police Station Tosam, District Bhiwani, Haryana.

----Appellant Versus

1. Nawal @ Nawla S/o Shri Kanaji Kalasua Meena, R/o Village Kanuwada Falla Mahiya, Tehsil Kherwada, District Udaipur Rajasthan.

2. Smt. Ganga W/o Shri Nawal @ Nawla, Kalasua Meena, R/ o Village Kanuwada Falla Mahiya, Tehsil Kherwada, District Udaipur Rajasthan.

3. M/s Transport Corporation Of India, Through Its Managing Director, M/s Transport Corporation Of India Ltd. 17/6, Mathura Road, Faridabad (Owner Of Vehicle)

4. National Insurance Co. Ltd., Through Its Divisional Manager, National Insurance Company Ltd., Udaipur, Rajasthan (Insurance Company)

----Respondents

For Appellant(s) : Mr. Abhishek Sharma For Respondent(s) : Mr. Leela Dhar Khatri Mr. Praveen Mohan Vyas

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

26/05/2022

Heard learned counsel for the parties on application under

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

the Civil Misc. Appeal.

As per the office report the present appeal is time barred by

4088 days, however, the reasons stated in the application under

Section 5 of the Limitation Act in para No.2 is as follows:-

(2 of 2) [CMA-312/2020]

"That the appellant is poor person and is illiterate person. The appellant is working as Driver of the vehicle therefore, in the most of time, he resides out side the home. The appellant was working under the employment of M/S Transport Corporation of India Ltd. As the accident was caused by the company vehicle therefore, the present appellant was in that apprehension that the company would pursue the matter. When the notices for execution proceedings came to be received, then, the appellant immediately contacted his lawyer who advised that Civil Misc. Appeal is liable against the judgment. Thereafter, the appellant immediately contacted counsel at Jodhpur and instructed him to file the present Civil Misc. Appeal".

A perusal of the record shows that the impugned judgment

was passed by the learned tribunal on 31.7.2008 and the present

appeal was preferred on 31.1.2020, i.e., after 11 ½ years from

the date of passing of the impugned judgment.

The reasons stated for delay of 4088 days in filing the appeal

and for condonation of delay is not satisfactory and also not just

and proper.

Consequently, the application under Section 5 of the

Limitation Act is rejected.

The Civil Misc. Appeal is also dismissed accordingly.

(MADAN GOPAL VYAS),J 39-Jagjeet/-

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