NATIONAL INSURANCE CO.LTD. Vs. RUNIYA BINHA

JUDGEMENT

(1.) HEARD the counsel for the appellant.

(2.) THIS time barred appeal was filed on 16.6.2006. The appeal was barred by 55 days. After memo of appeal was filed, defect was pointed out including limitation. thereafter the case was listed on different dates i.e. on 18.7.2006, 30.4.2007, 20.11.2007, 4.2.2008 and 31.3.2008 for removing all the defects including filing of limitation petition. When defects were not removed, finally the appeal was listed before the Bench on 20.6.2008. On that day the Division Bench passed the following order:

(3.) FROM bare perusal of the aforesaid provision, it is manifestly clear that filing of limitation petition along -with the memo of appeal setting forth the facts on which the appellant relies to satisfy the court that he had sufficient case for not preferring the appeal within such period, has been made mandatory.