SARJEET KAUR Vs. BAHADAR RAM
LAWS(RAJ)-2017-1-26
HIGH COURT OF RAJASTHAN
Decided on January 20,2017

SARJEET KAUR Appellant
VERSUS
Bahadar Ram Respondents




JUDGEMENT

- (1.)The petitioners have preferred this revision petition aggrieved by order dated 02.12.2016, vide which the application filed by the respondent under Section 5 of the Limitation Act was allowed and the appeal was entertained.
(2.)It is contended by counsel for the petitioners that the judgment by the trial court was pronounced on 31.05.2013. The appeal was filed on 16.07.2013, and therefore, the same was barred by limitation. It is also contended that the respondent did not move an application for obtaining copy of the judgment on 01.07.2013, rather he applied for obtaining the copy on 02.07.2013. The copy was given to him on 06.07.2013. The appeal was preferred on 16.07.2013 and the delay in filing the appeal was not properly explained.
(3.)In support of his contentions, counsel for the petitioners has placed reliance on Ajay Gupta Vs. Raju @ Rajendra Singh Yadav, 2016 DNJ (SC) 641, wherein the Apex Court has observed that no court can extend the period of limitation for filing of a suit. It has been further observed in the judgment of the Apex Court that if the court remained open, the (3 of 4) [CR-4/2017] suit should have been filed on that date, even though it was a non-working Saturday for the court.


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