STATE OF RAJASTHAN & ANR Vs. YOGESH KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 31.8.2010 passed by the Additional District Judge (Fast Track) No.2, Bikaner, whereby the appeal filed by the appellants against the judgment and decree dated 16.5.2008 has been dismissed as barred by limitation.

(2.) The present appeal is reported barred by 133 days. Alongwith appeal, application under Section 5 of the Limitation Act, 1963 ('the Act') has been filed. The reasons indicated for delay in filing the present appeal reads as under:-

(3.) A reply to the application has been filed by the respondents, inter-alia, opposing the application seeking condonation of delay. It is inter-alia indicated that the averments contained in the application does not make out a case of sufficient reason so as to condone delay. The reference has been made in the several judgments of the Hon'ble Supreme Court and this Court on the said aspect.