RUKMANI DEVI Vs. KUSHMI DEVI AND ORS.

JUDGEMENT

(1.) THE present Civil Revision application has been filed under Section 115 of the Civil Procedure Code challenging the judgment dated 17.2.2012 passed by the learned Principal District and Sessions Judge, Deoghar in Civil Misc. Appeal No. 2/2011, whereby the learned Principal District and Sessions Judge, Deoghar has dismissed the appeal preferred against the order dated 6.5.2011 passed by the Subordinate Judge, 2nd, Deoghar in Misc. Case No. 3/2010. Heard the Learned Counsel for the parties and perused the judgment as well as other papers produced on record.

(2.) Learned Counsel for the petitioner submitted that the present petitioner is a very poor and rustic lady and therefore, she may be permitted to file a fresh application under Section 5 of the Limitation Act.

(3.) IN view of judgments reported in : (2010) 12 SCC 159 (Bhagmal and Ors Vs. Kunwar Lal and Ors.) and : (2010) 6 SCC 786 (Improvement Trust, Ludhiana Vs. Ujagar Singh and Ors.), this Court is of the view looking to the facts and circumstances of the present case, the impugned judgment dated 17.2.2012 is set aside and this matter is remitted back to the court below concerned for de novo consideration of the application, filed by the petitioner under Section 5 of the Limitation Act.