(1.) THE present appeal filed by Pooran Singh Rajput is against the judgment and decree dated 30 10-1993 passed by First Additional District Judge, Betul in Civil Suit No. 5-A/91 is admittedly beyond time provided for filing the first appeal in the High Court under the Indian Limitation Act, 1963 (for brevity hereinafter referred to as "the Act" ). It is beyond time by 30 days. The appeal so filed was accompanied with an application for condonation of delay under Section 5 of the Act. It was not supported by any affidavit.
(2.) IN view of the provisions of sub-rule (3) of Rule 3-A of Order 41, Civil Procedure Code, the question which cropped up for consideration is "whether the appeal as filed, was competent?" Rule 3-A of Order 41, Civil Procedure Code is as extracted below :
(3.) SO far as the facts relating to the merits of the appeal are concerned, they have no relevance qua the determination of the question as stated earlier. An affidavit for supporting the application for condonation of delay was filed subsequently on 8-3-1995.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN