MALLAR MUKHERJEE Vs. RUBY MUKHERJEE

JUDGEMENT

(1.) As many as three review applications along with two petitions under section 5 of the Limitation Act are under consideration before this Court. All those matters arose out of the Civil Revisional Case Nos. C. 0. No. 897 of 2002 and C. 0. No. 900 of 2002.

(2.) The revisional application being R.V.W. 361 of 2003 has been filed by the wife while the other two review applications namely R.V.W. 626 of 2003 and R.V.W. 627 of 2003 have been filed by the husband and in those two review applications filed by the husband two separate petitions being C.A.N. 2379 and C.A.N. 2380 both of 2003 have been filed respectively under section 5 of the Limitation Act. C. A. N. 2379 of 2003 & C. A. N. 2380 of 2003

(3.) I shall first take up the applications for limitation. The ground taken in both the applications for condonation of delay are identical. It is stated there that both the revisional applications were disposed of on 19th December, 2002. The applicant applied for obtaining the urgent certified copy on 24.01.2003 which was delivered on 5th February, 2003. Thereafter the clerk of the constituted attorney fell ill and he came round only on 10th March, 2003. The medical certificate has been annexed. The grounds of the delay in filing the application are not challenged by the wife either by filing any written objection or in course of argument. Accordingly, both the applications are hereby allowed and the delay in filing the applications are also condoned hereby.