LAWS(RAJ)-1999-2-92

UNITED INDIA INSURANCE CO Vs. SAROJ AND ORS

Decided On February 02, 1999
UNITED INDIA INSURANCE CO Appellant
V/S
Saroj And Ors Respondents

JUDGEMENT

(1.) Perused the application under Section 5 of the Limitation Act. The application does not contain any reasons for the delay. It is stated in the applications that for reasons mentioned in the affidavit, the delay be condoned. It is further mentioned in the application that the affidavit shall be deemed to be part of the application.

(2.) It is not within the power of a party to make any document apart of the application, at his will. The court may, in appropriate cases, permit a party to treat a document, as a part of the application. The application under Section 5 of the Limitation Act, must contain the reasons for delay. Any application, which does not contain any such reasons and merely refers to the affidavit or any other document can be rejected on the ground that the application does not contain any reasons/or delay. Those who want justice, must come to the Court with clean hands, which means that they must state the reasons on which they seek the relief, in their petition or the application. In the facts and circumstances of the case, the appellant is directed to file fresh application containing the reasons for delay within a week.