MAHESH RAI Vs. SMT. AYSHA BEGUM AND OTHERS

JUDGEMENT

(1.) THIS is an application for condonation of delay in filing the appeal. Notice was issued on this application. The respondent No. 7 has put in appearance through Sri Viqar Ahmad Ansari, Advocate and in view of the office report dated 1.10.2011, notice on the other respondents was deemed sufficient. Sri Viqar Ahmad Ansari, learned counsel for the respondent No. 7 (Oriental Insurance Company) has filed his counter affidavit in the condonation of delay matter.

(2.) HEARD Sri S.K. Chaturvedi, learned counsel for the appellant and Sri Viqar Ahmad Ansari, learned counsel for the respondent.

(3.) SRI Viqar Ahmad Ansari, learned counsel for the respondent has relied on paragraph 8 of his counter affidavit to state that even the review petition was dismissed in default on 2.9.2006 and recall application was filed in the year 2010, therefore, the benefit of Section 14 or Section 5 of the Limitation Act can not be granted to the appellant.