LAWS(RAJ)-2024-2-138

MANAK CHAND SONI Vs. STATE OF RAJASTHAN

Decided On February 21, 2024
Manak Chand Soni Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This appeal is barred by limitation of 781 days.

(2.) Heard the parties on application under Sec. 5 of the Limitation Act.

(3.) The background of the case is that respondent No.3, Ramdayal had brought Civil Original Suit No.49/2012 against other respondents claiming a decree of permanent injunction. The trial Court decreed the suit by judgment and decree dtd. 8/5/2014. Appellant Manak Chand Soni was not a party to the suit, however, appellant filed an application under Sec. 151 CPC for permission of the Court to file appeal against the judgment and decree dtd. 8/5/2014 passed in Civil Original Suit No.49/2012. The same was registered as Appeal Decree Case No.24/2017 and by the impugned order dtd. 23/9/2019, the learned 1st Appellate Court rejected the prayer for permission to file appeal. The said prayer was barred by limitation. Hence, the application was dismissed with cost of Rs.2,000.00. The appellant is aggrieved by refusal of leave to appeal.