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1978 Supreme(MP) 91

J.S.VERMA, A.P.SEN
KANTIBAI – Appellant
Versus
KAMAL SINGH THAKUR – Respondent


Advocates Appeared:
A.K.KHASKALAM, V.S.Shroti

VERMA, J.

( 1 ) BY our order dated 13-4-1978, we have allowed the application made by the appellant under Section 5 of the Limitation Act, 1963, for condonation of the delay in filing this appeal. While doing so, in that order we had stated that the reasons for holding that Section 5 of the Limitation Act, 1963 applies also to appeals filed under Section 28 of the Hindu Marriage Act, 1955 as amended by the Marriage Laws (Amendment) Act, 1976 (Act No, 68 of 1976), will be given later. Accordingly, we are now stating the reasons for taking this view.

( 2 ) SHRI V. S. Shroti, learned counsel for the respondent, placing reliance on hukumdev Narain v. Lalit Narain, AIR 1974 SC 480 contended that the different limitation of thirty days prescribed in Sub-section (4) of Section 28 of the Hindu marriage Act, 1955, as a result of the Amendment Act No. 68 of 1976, excluded the applicability of Section 5 of the Limitation Act, 1%3 to appeals filed under section 28 of the Hindu Marriage Act, 1955, by virtue of Sub-section, (2) of section 29 of the Limitation Act, 1963. In reply, Shri A. K. Khaskalam, learned counsel for the appellant, placed reliance on Mangu Ram v. Delhi Municipality, air 1976










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