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2001 Supreme(Del) 169

S.N.KAPUR
SHOBA RANI SHARMA – Appellant
Versus
DHIRAJ FINANCE AND CHIT FUNDS PRIVATE LIMITED – Respondent


Advocates Appeared:
SAMIR DHAVAN, SAMIR PAL CHUG

S. N. Kapoor

( 1 ) HEARD. Learned Counsel for the respondents submits that by some omission signatures on the reply to the application under Section 5 of the Limitation Act bearing No. 1185/2000 have been left. Learned Counsel for the respondents may sign the application today in Court putting today s date, for the application is supported with a duly sworn affidavit. Insofar as the condonation of delay in filing the petition is concerned, though each day s delay may not have been minutely explained appropriately by giving details. But there is substantial explanation for delay in moving the petition. Accordingly, I feel that it would be appropriate to condone the delay for the reasons mentioned in the application. CM. 1185/2000 is allowed. C. R. 424/2000:

HEARD. 1. In this case, it appears that the case was fixed for evidence of the plaintiff. Last opportunity was granted. On 11/08/1998 none of the parties appeared. Learned Civil Judge instead of dismissing the suit dosed the evidence of the plaintiff and decided the suit on merit though it may be difficult to accept that it could be a judgment on merit. The application was moved for setting aside the order for restoration of the su





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