SARISHTA DEVI Vs. OMKAR LAL

JUDGEMENT

(1.) The petitioner filed civil 1st Misc Appeal No : 24 of 1981 and Civil 1st Misc Appeal No 25 of J981 against the order and decree of the District Judge, Kathua, dated l'9-9-81. where the petition of the respondent under section 13 of Hindu Marriage Act had been allowed while the petition filed by the petitioner under section 10 of the Hindu Marriage Act had been dismissed. Along with the said two appeals, the petitioner filed the present Civil Misc petition under section 5 of the Limitation Act seeking condonation of delay, in filing the appeals, Notice of the said application was issued to the respondent whe has appeared through Mr Parmodh Kohli.

(2.) Mr. Kohli has taken a preliminary objection to the maintainability of the application on the ground that the provisions of Section 5 of the Limitation Act dp not extend to the appeals under the Hindu Marriage Act,

(3.) Mr, Padha has on the other hand had argued that Section 5 of the Act was applicable to cases under the J&K Hindu Marriage Act, 1980.