High CourtsSingle Bench(2024) 08 SIK CK 0023

Palden Ongchu Pazo And Another vs Sonam Dolkar And Others

Sikkim High Court · Decided on 9 August 2024

HON’BLE JUDGES
Meenakshi Madan Rai, J
CASE NUMBER
Regular First Appeal No. 02 Of 2024

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Judgment

10 paragraphs · 134 words

Meenakshi Madan Rai, J

Appellant No.2 is represented by Learned Legal Aid Counsel who undertakes to file Vakalatnama within a week.

Caveat No.01 of 2024 filed on 03-01-2024 by Respondent No.1 stands disposed of as all parties are present before this Court today.

Learned Senior Counsel for the Respondents No.1 and 2 seeks to file an application averring that the Regular First Appeal is time barred, while admitting that there is no legal provision which allows such affidavit when there is no petition under Section 5 of the Limitation Act, 1963.

Heard Learned Counsel for the Appellants.

Admit the Appeal.

Accordingly, the matter pertaining to limitation shall be heard when the Appeal is taken up for final hearing.

Call for the records from the Learned Trial Court.

Let Paper-Books be prepared.

List on 13-09-2024.