MARY THEODORE ROBERT Vs. MAN MOHAN

JUDGEMENT

(1.) CM No.3855/2007 (for exemption) Allowed subject to just exceptions. R.S.A.No.73/2007 This appeal has impugned the judgment and decree dated 21.7.2006 which had endorsed the finding of the trial judge dated 27.3.2004 whereby the suit filed by the plaintiff Mary Theodore Robert seeking a declaration to the effect that her marriage solemnized as per Hindu rites on 08.6.1999 with the defendant Man Mohan is null and void had been dismissed.

(2.) THIS is a second appeal. It has been admitted on 01.9.2008. The following substantial question of law has been framed:

(3.) THE judgment of 27.3.2004 had been assailed by way of a first appeal. THE first appellate court had returned the impugned judgment on 21.7.2006. THE impugned judgment had dismissed the suit of the plaintiff only on the ground of limitation. THE merits of the case had not been adverted to. Plaintiff/appellant, before the first appellate court had preferred an application under Section 5 read with Section 14 of the Limitation Act, 1963; he had sought condonation of delay of 432 days in preferring this first appeal. THE impugned judgment had noted that even after giving benefit of Section 14 of the said Act, the appeal was time barred. Qua the provisions of Section 5 of the Limitation Act the court was of the view that sufficient cause had not been explained by the appellant in preferring the appeal belatedly.