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A.K.SHRIVASTAVA
V. K. Verma – Appellant
Versus
Dawoodi Bohra Masjid – Respondent
1. This second appeal has been filed at the instance of the defendant as the learned first appellate Court has allowed the appeal of the plaintiff and decreed the suit by the impugned judgment and decree.
2. No exhaustive statements of facts are necessary for the disposal of this appeal. Suffice it to say that the plaintiff filed an appeal before the learned first appellate Court, which was barred by time and eventually an application to condone the delay was filed. The appeal was decided by the learned first appellate Court without deciding the application- under section 5 of the Indian Limitation Act, 1963 (in short 'the Act').
3. This second appeal was admitted on 8.2.2002 on the following substantial questions of law:
iii) Has the decision of first appeal, which was beyond time, without condoning the delay, been without jurisdiction and non-est in view of Chhitu v. Mathuralal [AIR 1981 MP 13]?"
"ii) Has the first appellate Court below erred in exempting the respondent Masjid Committee from operation of M.P. Accommodation Control Act, 1961, though no notification was issued by the State Government exempting such property of trust from operation of the Act before institution
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A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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