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1996 Supreme(MP) 131

S.S.JHA
Ramdulari – Appellant
Versus
Municipal Corporation Raipur – Respondent


Advocates:
Neeraj Vegad for applicant; N.S. Kale for non-applicant.

ORDER

1. This revision has been filed against the order of the 5th Additional Judge to the Court of District Judge, Raipur, dismissing the appeal as barred by limitation.

2. The facts of the case are as under : -

That the applicant has applied for sanction of map for construction to the Commissioner Municipal Corporation, Raipur. According to the applicant, her application for sanction was rejected on 5.2.90. She acquired knowledge of the order on 20.3.90. She applied for copy on 21.3.90 which was received by her on 6.9.90. After receiving the certified copy she filed the appeal under section 293 (3) of the M.P. Municipal Corporation Act, on 21.9.90 an affidavit before the appellate Court was also filed stating that the information about the order dated 5.2.90 was acquired on 20.3.90. The lower appellate Court held that the appeal ought to have been filed within 30 days from the date of the passing of the order. Since the appeal has not been filed within time it has been dismissed as barred by limitation. Section 293 para 3 provides:

"Any person aggrieved by the order of the Commissioner in this behalf may appeal to the district Court within thirty days of such order in the manner pre





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