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2023 Supreme(Raj) 1194

REKHA BORANA
Lrs. Of Sumer Chand Patwa, S/o. Late Shri Ummed Chand Patwa, Through His Lrs : Smt. Sohan Kanwar (W/o. Late Shri Sumer Chand Patwa) – Appellant
Versus
Lrs. Of Sajjan Raj, S/o. Shri Dhan Raj Goliya, Through His Lrs. : Smt. Vallabh Jain (Goliya), (W/o. Late Shri Sajjan Raj) – Respondent


Advocates Appeared:
For the Appellants : Mr. Narendra Thanvi.
For the Respondents: Mr. Bharat Boob.

JUDGMENT :

1. The present appeal is reported to be barred by 1244 days. An application under Section 5 of the Limitation Act has been filed on behalf of appellant/applicant No.2 with the submission that the counsel representing the appellants did not inform them about the impugned judgment and decree dated 30.05.2019 and unfortunately he passed away subsequently. Recently when applicant No.2 Shashi Bhushan Patwa visited the office of the counsel, a bag of documents was handed over to him and in the bag, copy of the impugned judgment and decree dated 30.05.2019 was found by him. It has been submitted that prior to the said date, respondents were not even aware of the judgment and decree dated 30.05.2019. Further, the ground of applicant No.2 Shashi Bhushan Patwa being suffering from serious ailment has also been submitted. With the said submissions, it has been prayed that the delay caused in filing the present appeal be condoned.

2. A reply to the said application has been filed on behalf of the respondents with the specific pleading that the averment as made by the appellants being non aware of the impugned judgment and decree dated 30.05.2019 is totally false as, after the passin

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