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2017 Supreme(Raj) 845
IN THE HIGH COURT OF RAJASTHAN
P.K. Lohra, J.
Surajmal S/o Bhaw Singh – Appellant
Versus
Babulal S/o Dudaram and Others – Respondents
S.B. Civil Misc. Appeal No. 1040, 1043, 1045, 1049, 1050, 1052, 1053, 1055, 1139, 1140, 1405, 1407, 1409, 1410, 1415, 2232 of 2015
Decided On : 23-03-2017
Headnote:
Motor Vehicles Act, 1988 - Section 173 - Limitation Act - Section 5 – Appeal for specific Performance - Compensation Claim - Condonation of delay – Appeals are pending since, but in appeals, which are barred by limitation, application for condonation of delay under Section 5 of the Limitation Act has not been filed – Held, These appeals were filed and since then more than year has passed, Court constrained to adhere to nail studded path of duty in the wake of non-compliance of Order 3, Rule 4 (1) CPC by the counsels - In view thereof, all these appeals are rejected for non-removal of defect/s for last more than year in the clear nation of Order 3, Rule 4 (1) CPC and barring S.B. Civil Misc. Appeal all other appeals are also rejected as barred by limitation as well as for not curing other defects - A copy of this order be placed in each of these files – Answered Accordingly
P.K. Lohra, J.
These sixteen appeals are filed by appellant-claimants under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act of 1988') seeking enhancement in the quantum of compensation determined and awarded by the Motor Accident Claims Tribunal (for short, learned Tribunal').
2. Out of these sixteen appeals, fifteen are barred by limitation of different duration but for CMA No.2232/15. The appeals are pending since 2015, but in 15 appeals, which are barred by limitation, application for condonation of delay under Section 5 of the Limitation Act has not been filed. Office has pointed out many defects in most of the appeals but the foremost common defect in all these appeals is that counsels representing the cause of the appellants have not filed duly signed Vakalatnama/Power of the respective appellant/s. Details about all the appeals are mentioned as infra:
| Sr. No. | Appeal Number and title of case | Date of Presentation | Defect/s | Barred by Limitation |
| 1. | 1040/2015 - Surajmal Vs. Babulal & Ors. | 29.05.2015 | 1. Application under Section 5 Limitation Act not filed
2. Application Court fee not affixed.
3. Power not filed.
4. Certified copy of order not filed.
| 8 days |
| 2. | 1043/2015 - Jhumaram Vs. Narayanlal & Ors. | 29.05.2015 | 1. Application U/s 5 not filed.
2. Incomplete page marking.
3. CMA Court fee not affixed.
4. Court feel on application not affixed
5. Counsel not signed on footnotes.
6. Power not filed.
7. Name of father of respondent No.2 not tallies with claim case.
8. Certified copy of order not filed.
| 15 days |
| 3. | 1045/2015 - Devji @ Devaram Vs. Narayanlal & Ors. | 29.05.2015 | 1. Application U/s 5 not filed.
2. Incomplete page marking.
3. CMA Court fee not affixed.
4. Power not filed.
5. Name of father of respondent No. 2 not tallies with claim case.
6. Certified copy of order not filed.
| 15 days |
| 4. | 1049/2015 - Mahesh Kumar Vs. Nathu Singh & Ors. | 29.05.2015 | 1. Application U/s 5 not filed.
2. Incomplete page marking.
3. CMA Court fee not affixed.
4. Power not filed.
| 247 days |
| 5. | 1050/2015 - Jamna Devi & Ors. Vs. Babulal & Anr. | 29.05.2015 | 1. Application U/s 5 not filed.
2. Power not filed.
| 16 days |
| 6. | 1052/2015 - Rahul & Ors. Vs. Babulal & Ors. | 29.05.2015 | 1. Application U/s 5 not filed.
2. Power not filed.
| 4 days |
| 7. | 1053/2015 - Bheema Vs. Ramesh & Ors. | 29.05.2015 | 1. Application U/s 5 not filed.
2. Power not filed.
| 39 days |
| 8. | 1055/2015 - Laxmi & Ors. Vs. Gopal Singh & Anr. | 29.05.2015 | 1. Application U/s 5 not filed.
2. Counsel not signed on list of events.
3. CMA Court fee not affixed.
4. Power not filed.
5. Counsel not signed on appeal papers.
| 163 days |
| 9. | 1139/2015 - Badaram Vs. Jitubhai & Ors. | 16.06.2015 | 1. Application U/s 5 not filed.
2. CMA Court fee not affixed.
3. Power not filed.
| 18 days |
| 10. | 1140/2015 - Hanjar Singh & Anr. Vs. Peer Singh & Ors. | 16.06.2015 | 1. Application U/s 5 not filed.
2. CMA Court fee not affixed.
3. Power not filed.
| 20 days |
| 11. | 1405/2015 - Meeradevi & Ors. Vs. Prabhu Singh & Ors. | 20.07.2015 | 1. Application U/s 5 not filed.
2. Page marking on index incomplete.
3. CMA Court fee not affixed.
4. Power not filed.
| 132 days |
| 12. | 1407/2015 - Indra Devi & Ors. Vs. Vijendra Singh @ Brijkishore & Anr. | 20.07.2015 | 1. List of events not filed.
2. CMA Court fee not affixed.
3. Court feel on application U/s. 5 not affixed.
4. Application U/s. 5 not attested not signed by appellant.
5. Affidavit not attested, appellant's age not shown.
6. Power | |
