BANSI LAL Vs. EXECUTIVE OFFICER, MUNICIPAL COUNCIL

JUDGEMENT

(1.) Plaintiffs suit for permanent and mandatory injunction has been dismissed by both the Courts below, therefore, this second appeal has been preferred on behalf of plaintiff.

(2.) There is delay of 30 days in filing the second appeal, therefore, an application under Section 5 of the Limitation Act has also been filed, wherein it is submitted that the judgment of Appellate Court was passed on 23.3.2007, application for certified copy of judgment was filed on 24.3.2007 and the same was received on 3.4.2007. Thereafter, appellant contacted his Counsel on 18.4.2007, who opined him to file an appeal. The said Counsel also informed that period of limitation for filing appeal is 90 days from the date of receipt of certified copy of the judgment. Appellant took advise from 2-3 more Counsel in the month of May, 2007. Thereafter, in the month of June, 2007, he fell seriously ill and could not contact any Counsel at Jaipur. Soon after recovery from illness, he contacted the Counsel for appellant on 16.7.2007 and filed this appeal on 3.8.2007.

(3.) From the contents of the application, it is clear that certified copy of the judgment was delivered on 3.4.2007. No details have been given mentioning the names of Counsel, from whom the appellant took advise for filing appeal. Nothing has been mentioned as to when appellant fell seriously ill. No specific date or specific name of disease has been mentioned. Name of doctor has also not been mentioned and medical certificate has also not been enclosed with the application.