BAL CHAND Vs. RADHAKISHAN

JUDGEMENT

(1.) THIS is an application filed by the appellant for extension of time under Sec. 5 of the Indian Limitation Act.

(2.) MR. Bhandari, counsel for the appellant in the first place contends that the appeal is within time, because, according to him, it is not governed by R. 134 of the Rajasthan High Court ` Rules, 1952. He contends that it is not a special appeal as contemplated by the Rules; but the appeal is governed by Art 156 of the Indian Limitation Act. In the alternative, he submits that if the Corut holds that the case is governed by R. 134 of the Rajasthan High Court ` Rules, time may be extended on the ground that there is already a previous decision given by this Court in a similar case, where Art. 156 of the Limitation Act was applied.