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2017 Supreme(J&K) 345

JANAK RAJ KOTWAL
State of J&K – Appellant
Versus
Dwarka Nath Raina – Respondent


Advocates Appeared:
For the Petitioner: Mr. H.A. Siddiqui.
For the Respondent: Mr. V. Bhat.

JUDGMENT :

1. Heard.

2. Condonation of delay, which as per the Registry’s note is of 646 days, is sought by the defendants for filing the appeal against the judgment and decree dated 06.10.2012 passed by the learned District Judge, Jammu in a suit for recovery of Rs. 16,08,000/ filed by the respondent (plaintiff) as compensation for loss of eye sight suffered by him due to the negligence of a Government Doctor, herein respondent No. 4. Period of limitation for filing the Civil 1st Appeal to this Court is 90 days. Under section 5 of the limitation Act, 1995 (for short the Act) delay in filing the appeal or application can be condoned when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within the prescribed period. It is well settled that in seeking condonation of delay under section 5 of the Act, every days’ delay is required to be explained by the appellant or the applicant, as the case may be.

3. In this case, excluding the seven days’ period involved in delivery of the copies of the judgment and decree to the appellants, the Registry has calculated 646 days’ delay in filing the appeal. It is noticed




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