INDORE MUNICIPAL CORPORATION Vs. MANSUKHLAL

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 08.12.1994 passed in Civil Suit No,37/A/1994 by 12th Additional District Judge, Indore. The appeal is belated by more than ten years. An application filed under section 5 of the Limitation Act along with appeal was filed against the impugned order dated 08.12.1994.

(2.) THIS order shall dispose of an, application filed by the appellant under section 5 of the Limitation Act seeking condonation of delay in filing the appeal against the ex - parte decree passed against them on 8.12.1994. In the application the appellant has taken the following grounds:

(3.) THE application was opposed by the learned counsel for the respondent by filing a detailed reply. Some averments made in the reply by the respondents to the application under section 5 of the Limitation Act, which is relevant, are reproduced here as under: - It is very peculiar to state on behalf of the appellant that due to mistake of understanding instructions, an application for withdrawal of the review petition was filed on 30.06.2004 who has given instructions and who has misunderstood the instructions and the alleged instructions have been given on what date, has not been specified at all.