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1999 Supreme(Raj) 55

AMRESH KUMAR SINGH
Union of India – Appellant
Versus
Brij Lal Prabhu Dayal – Respondent


Advocates Appeared:
V.K. Mathur, for Petitioner N.P. Gupta, for Respondents

Honble SINGH, J.–Learned counsel for the appellant submits that he is not in a position to file the additional affidavit because the officer incharge has not turned down. He prays for further time to file additional affidavit. Since no cogent reason for filing the additional affidavit has been shown, the prayer for further time is rejected.

(2). Heard the learned counsel for the parties regarding the application filed by the learned counsel for the appellant under Section 5 of the Limitation Act.

(3). In the present case, the appeal was filed after 83 days beyond the period prescribed for filing the appeal. The appellant has moved an application under Section 5 of the Limitation Act for condonation of delay and prayed that the delay in filing the appeal may be condoned. The application is contested by the respondents, who have filed reply of the application filed by the appellant.

(4). Two grounds have been taken by the appellant in the application filed un- der Section 5 of the Limitation Act. First is that in the Court of learned Civil Judge (Sr. Division) Sriganganagar, the appellant, Union of India was not duly represented. The second ground is that since the file was routed throu




























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