HARI CHARAN Vs. KAILASH CHAND

JUDGEMENT

(1.) APART from other defects, pointed out by the Office, one defect is that appeal is barred by limitation and no application under Sec. 5 of the Limitation Act has been filed. There are two options in the matter; first is to dismiss the appeal itself and second is to return the appeal to appellant so as to file fresh appeal along with application under Sec. 5 of the Limitation Act.

(2.) WE opt second option and direct the Registry to return the appeal to the learned counsel for appellant. The present appeal as well as stay application, both, be treated as disposed off.