MCD Vs. PRABHAT CONSTRUCTION

JUDGEMENT

(1.) IA No. 8359/2007

(2.) THIS application has been filed by the applicant for condonation of delay in filing the award in the Court for making the same Rule of law.

(3.) THE non -applicant/respondent has taken the objection that the second application under Section 5 of the Limitation Act would not lie as the first application has already been dismissed and only an appeal would lie against the order of dismissal of the first application. The order of this Court dated 10th July 2007 makes it abundantly clear that the plaintiff/applicant was given a liberty to move a fresh application within 15 days. If this liberty had not been given to the plaintiff/applicant to move a fresh application within 15 days, the Court would have dismissed the suit filed by the plaintiff under Section 14 and 17 of the said Act then and there and the matter would have been set at rest. However, the very fact that this Court did not dismiss the suit and gave 15 days time to the plaintiff/applicant to move a fresh application under Section 5 of the Limitation Act, shows that although this Court while passing earlier part of the order observed that the application was without merit as it gave no explanation, but still in the later part, a liberty was granted to the plaintiff/applicant to move fresh application.