UNION OF INDIA Vs. FIRM DHANNALAL DULICHAND JAIN

JUDGEMENT

(1.) This is an application for re-hearing of First Appeal No. 52 of 1979.

(2.) The application is barred by limitation. An application under section 5 of the Limitation Act for condonation of delay has been filed by the counsel for the applicants. Though application for re-hearing was filed on 2.1.198." and it was apparently barred by limitation, application under section 5 of the Limitation Act was filed on 2.7.1986. Normally this application for condonation ought to have been filed along with the application for re-hearing.

(3.) Ground for condonation is that the judgment in the appeal was delivered on 16.10.1984, but the counsel for the applicants learnt about the judgment on 17.12.1984. From 17.12.1984 to 1.1.1985 the Court was closed and on the re-opening date i.e. 2.1.1985 the application for re-hearing under Order 41 Rule 21 Civil Procedure Code was filed.