UNITED INDIA INSURANCE CO Vs. KULDEEP SINGH

JUDGEMENT

(1.) This application under Section-5 of the Limitation Act has been filed by the Insurance Company through its Chairman and Divisional Manager, Shimla for condonation of delay in filing the appeal.

(2.) The petitioner, it appears, suffered a decree of Rs. 2,50,000/- in a Civil Suit No.9 of 1995 filed by the respondent for damages uide judgment and decree of learned District Judge, Bilaspur dated September 6, 1999. Dissatisfied, the applicant-defendants filed regular second appeal in this Court on December 18, 1999.

(3.) The Registry, it appears, raised number of objections including that appeal is not stamped at all. The appeal was returned for removal of the objections rasied by the Registry within a week. The appeal was refiled on March 7, 2000 alongwith an application under Section 5 of the Limitation Act for condonation of delay of three days in filing the appeal which, according to the applicants, occurred due to the procedural delay in the office of the applicants. However ,once again, Court-fee was not affixed on the Memorandum of Appeal. The appeal was once again returned for removal of the objections including that of non-payment of any Court- fee on the Memorandum of Appeal. The appeal was thereafter refiled on April 20,2000 on which date, necessary Court-fee was added by the appellant/applicant.