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2007 Supreme(MP) 1061

DIPAK MISRA, S.A.NAQVI
Manju – Appellant
Versus
Ghanshyam – Respondent


Advocates appeared:
A. M. Trivedi, S.C., P. C. Paliwal, Imtiyaz Hussain, Ashok Lalwani, Greeshm Jain, K. N. Fakaruddin, Ashish Shroti, Ashis Trivedi, N. S. Parmar, D. K. Sharma, Vipin Sharma for Appellants.

Judgement

DIPAK MISRA, J. :- This batch of appeals were listed for rectification of default, the same being, the affidavit that has been filed in support of the application for condonation of delay preferred under Section 5 of the Limitation Act, 1963 in each case has been sworn to by the Oath Commissioner instead of Notary under the Notaries Act, 1952. Though the aforesaid matters were listed for rectification of the aforesaid singular default which has been pointed out by the Registry. Mr. A. M. Trivedi, learned senior counsel, Mr. P.C. Paliwal, Mr. Imtiyaz Hussain Mr. Ashok Lalwani, Mr. Greeshm Jain, Mr. K. N. Fakaruddin, Mr. Ashish Shroti, Mr. Ashish Trivedi, Mr. N. S. Parmar, Mr. D. K. Sharrna and Mr. Vipin Sharma, Advocates addressed this Court that the default pointed out by the Registry is absolutely erroneous as such a default does not emerge if the provisions engrafted in various enactments and rules framed by the High Court of Madhya Pradesh from time to time are scrutinized in proper perspective and further in view of the decisions in the field governing the said facet.

2. At the very outset it is seemly to state that there is no dispute that the affidavits in these appea
























































































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