RAJUA Vs. VANSHI

JUDGEMENT

(1.) Today the case is posted for consideration of I.A. No. 1300/2005; an application filed under Section 5 of the Limitation Act for condonation of delay in filing the appeal.

(2.) This appeal was filed on 20/1/2005 and on 17/7/2014, Shri Mishra, counsel appearing for appellant prayed for and was granted a week time to address this Court on the question of limitation. Thereafter, on 23/7/2014, at the request of appellant's counsel, case was ordered to be posted on 24/7/2014 on the question of limitation. None appeared on 24/7/2014 even in the second round. Under such circumstances, counsel for the respondent prayed for consideration of the aforesaid I.A. on the question of limitation. Accordingly matter was taken up as appellant's counsel appears to be not interested as despite opportunity being afforded, he has not entered appearance to address this Court on the question of limitation. It is further submitted that this appeal is filed against the concurring judgment and decree passed by both the Courts below. As such, appellant does not appear to be keen to argue the I.A. and wants to keep appeal pending.

(3.) Having considered the submissions made, this Court having no option but to consider the I.A. on merits proceeded with the hearing.