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1993 Supreme(P&H) 730

A.L.BAHRI, N.K.KAPOOR
Oriental Insurance Company Limited – Appellant
Versus
Kailash Devi – Respondent


Judgment

N.K.KAPOOR, J.

1. Appellant feeling aggrieved by the award of the Motor Accident Claims Tribunal dated 4-8-1992 filed the appeal along with application u/S. 5 of the Limitation Act seeking condonation of delay in filing the appeal. This Court issued notice in C.M. No. 1586-C-II of 1993 to the respondents who put in appearance and contested the same. On 26/05/1993 this Court on perusal of the application and the accompanying affidavit came, prima facie, to a conclusion that the averments made by the applicant in his application u/S.5 of the Limitation Act are in very general and vague terms. All the same before taking a final decision the Court directed the applicant to place on record further affidavit or other material to make out a sufficient cause for the delay. The applicant consequently filed another affidavit in support of his application on 1-6-1993. The matter was once again examined by the Court. It was found that even additional affidavit filed by the applicant contains mistakes and so a direction was given to the applicant to file another affidavit giving correct dates. Instead of merely correcting dates; the applicant has placed on record another affidavit givin




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