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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA, J
Munni (Smt.) – Appellant
Versus
Nayab Tehseeldar – Respondent
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| 1. the appeal stems from a dismissal due to not meeting limitation requirements. (Para 2) |
ORDER
Heard on the question of admission.
2. This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 19.12.2008 passed by I Additional Judge to the Court of I Additional District Judge, Shivpuri in MJC No.28- A/2008 by which an application filed under Section 5 of Limitation Act was rejected and as a consequence thereof, civil appeal filed by appellants against judgment and decree dated 22.08.2005 passed by Civil Judge, Class II, Kolaras, District Shivpuri in Civil Suit No.113A/2004 was dismissed as barred by time.
3 . It is submitted by counsel for appellants that somebody has informed that appellant No.1 has expired. However, it is fairly conceded by Shri Anmol Khedkar that appellant No.2 is the son of appellant No.1 and he is already on record.
4. Accordingly, name of appellant No.1 is permitted to be deleted from the array of cause title.
5. This is a shocking case where counsel for appellants was not ready to understand the legal provisions of law in spite of various efforts made by this Court. On the contrary, when the Court was trying t
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