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2017 Supreme(MP) 667

NANDITA DUBEY
Isha @ Yusuf Khan – Appellant
Versus
Hazi Rashid – Respondent


Advocates:
Mukesh Kumar Shukla for appellant; O.P. Namdeo for respondents.

ORDER

1. Heard on I.A. No.10890/2013, an application for condonation of delay.

2. This second appeal, filed by the defendant/appellant is directed against the judgment and decree dated 18.2.2013 passed in Civil Appeal No.1-A/2013, by the Third Additional District Judge, Damoh (M.P.), arising out of judgment and decree dated 24.10.2005 passed in Civil Suit No.25-A/2005 by Civil Judge Class I, Hatta, district Damoh, whereby the suit filed by the plaintiff was decreed.

3. Briefly stated, plaintiffs/respondents filed a suit for specific performance against the defendant/appellant, which was decreed on 24.12.2005. An appeal against the same was preferred along with an application under section 5 of the Limitation Act. However, the application under section 5 of the Limitation Act was rejected by the appellate Court, consequently the appeal under section 96 of the CPC also stood dismissed. Aggrieved by the same, the appellant is before this Court in second appeal. Along with this memo of appeal, an application under section 5 of the Limitation Act for condonation of delay has also been filed.

4. Learned counsel appearing for the defendant/appellant submits that due to lack of legal knowled









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