KHUSHAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This matter comes up on an application under Section 5 of the Limitation Act as the appeal is barred by 58 days.

(2.) Raising objection to the application firstly it has been submitted that since it is an appeal against the order passed by the learned Single Judge by way of an interim relief which is an interlocutory order not deciding the rights of the parties, therefore, appeal is otherwise not maintainable under Section 18 of the Rajasthan High Court Ordinance and the rules framed by the Rajasthan High Court, therefore, consideration of application under Section 5 of the Limitation Act shall be of academic importance and secondly that the applicants have failed to make out any sufficient cause which could have prevented them from filing the appeal within limitation.

(3.) Considering the second point first, we are of the opinion that the petitioner has made out a case for existence of sufficient cause which prevented them from not filing the appeal within the period of limitation. It has been stated by the applicants in their application in the first instance that the interim order passed by the learned Single Judge on 27-11-2001, was received by them on 7-12-2001 at Jaisalmer. That order shows no positive direction against the appellants but only direction of deposifing of money to the respondent and for admitting their petition. Apparently, it did not appear that the order is against him in his interest and he has not occasion to file an appeal.