SANTOSH KUMARI Vs. LOKESH YADAV

JUDGEMENT

(1.) Application under Sec. 5 of the Limitation Act, 1963 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the Appellants seeking condonation of delay of 1050 days in filing the present Regular First Appeal.

(2.) It was claimed that the Appellant being aggrieved by the Judgment dtd. 20/2/2023, had initially filed an Appeal in the year 2023, however, objections were taken by the Registry that the Appellant ought to file a Revision Petition, since an Appeal was not maintainable.

(3.) Consequently, the Appellant filed a Civil Revision Petition bearing C.R.P 118/2023. However, during the course of arguments, an objection was taken in regards to the maintainability of the said Revision Petition. Therefore, this Court, vide Order dtd. 15/1/2026, permitted the Appellant to withdraw the aforesaid Revision Petition, with liberty to file an Appeal. This Court further observed that, the time taken in pursuing the said Revision Petition may not be considered, while calculating limitation for filing present Regular First Appeal.