ARUN KUMAR DESHMUKH Vs. JHAMIT BAI

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Courts Act, 1984 is directed against the order dated 01.05.2007 passed by third Additional Principal Judge, Family Court, Durg in civil case No. 23-A/2006, whereby learned Additional Principal Judge, Family Court has dismissed the suit filed by the Appellant after framing the additional issues.

(2.) THE present appeal has been preferred with delay of 43 days. THE Appellant has filed applications for condonation of delay in filing the appeal as LA. Nos. 1 & 2. We are satisfied as the Appellant has satisfactorily explained the delay in filing the appeal. Accordingly, LA. Nos. 1 & 2 are allowed. Delay in filing the appeal is condoned.

(3.) LEARNED Counsel for the Appellant argued that the question of limitation shall be considerably decided on the basis of the allegation, made in the plaint and question of limitation cannot be decided as preliminary issue.