High CourtsSingle Bench

Shyam Lal And Ors vs Narayan And Ors

Rajasthan High Court · Decided on 18 March 2024 · Citation: (2024) 03 RAJ CK 0064

HON’BLE JUDGES
Rekha Borana, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 — Section 5
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Appeal No. 235 Of 2012
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Judgment

7 paragraphs · 187 words

Rekha Borana, J

1.

The present appeal pertains to the year 2012. The appeal is reported to be barred by 28 days and an application under Section 5 of the Limitation Act has been filed for condonation of the said delay.

2.

On 16.08.2013, notices of the application under Section 5 of the Limitation Act were directed to be issued but since then, despite time been granted by the Deputy Registrar (Judicial) on 22.11.2013, 28.04.2014, 09.01.2015, 06.08.2015, 09.09.2016 and by the Registrar (Admn.) on 18.10.2016, the notices were not filed. Time was again granted by Deputy Registrar (Judicial) on 01.05.2017 and further by the Court on 02.03.2017, 22.05.2017 and 05.09.2023 but till date, requisite PF and notices have not been filed. Interestingly, none appeared for the appellants on all these occasions except on 22.11.2013.

3.

Today also, none has appeared for the appellants.

4.

In view of the above facts, it is clear that the appellants are not interested in pursuing the present litigation.

5.

The appeal is hence, dismissed in non-prosecution and non-compliance.

6.

The application under Section 5 of the Limitation Act also stands dismissed.