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Papparam vs Ganga And Others

Rajasthan High Court · Decided on 22 January 2024 · Citation: (2024) 01 RAJ CK 0107

HON’BLE JUDGES
Rekha Borana, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 — Section 5
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Appeal No. 313 Of 2023
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Judgment

7 paragraphs · 172 words

Rekha Borana, J

1.

None has put in appearance on behalf of the appellant.

2.

The appeal is reported to be barred by 1580 days and no application under Section 5 of the Limitation Act for condonation of the delay has been filed. The compensation certificate has also not been filed as the present appeal has been preferred by the driver of the vehicle. Time of about a month was given by Registrar (Adm.) on 02.03.2023 and further again on 05.04.2023.

3.

On 21.12.2023, four weeks’ time was granted by the Court to cure the defects as pointed out by the office. On that date, it was observed that if the defects are not removed within the stipulated period, the appeal shall be listed before the Court for dismissal on 15.01.2024.

4.

However, as per the office report, the defects have not been cured till date.

5.

In view of the same, the appeal is dismissed for non-compliance and non-prosecution.

6.

Stay petition and all pending applications, if any, stand disposed of.