STATE OF RAJASTHAN Vs. RAMNATH

JUDGEMENT

(1.) THE question involved m Appeal No. 70/70 and four connected appeals is as to whether the appellant had sufficient cause for not preferring the appeals within the period of limitation.

(2.) THESE five appeals were presented by Shri S. N. Bhargava, Deputy Government advocate at 11-45 P. M. at the residence of the Deputy Registrar (Judicial) on 163-1970. These appeals were directed against the decrees dated 29-11-1969 passed by the Additional District and Sessions Jiidge, Dholpur in five civil suits pending against the State. The office pointed out that these appeals were late by two days. That is, the appeals should have been filed on or before 14th March, 1970. On behalf of the State, applications under Section 5 of the limitation Act were submitted on 16th July, 1970 In each case. The applications were accompanied by an affidavit of Shri Anil Kumar Bohra, Stenographer in the office of the Government Advocate, Jodhpur. Copies of five documents were also produced. We have marked them as Annexure 1 to Annexure 5 for the sake of convenience.

(3.) THE first three cases were admitted subject to objection as regards limitation and notices were issued to the respondents. In the last two cases notices were issued to the respondents to show cause against the application under Section 5 of the Limitation Act. The respondent in each case filed the reply supported by an affidavit. It was stated by each one of them that there was no sufficient cause to entitle the appellants for the extension of the period of limitation. An additional affidavit of Purushottam Nath Mathur, a legal assistant in the Legal Affairs department of the Secretariat of the Government of Rajasthan, Jaipur was submitted on behalf of the State on 13th January, 1971 one day before the date fixed for the hearing of the application.