Single judge order dismissing a miscellaneous appeal for default. The court held the appeal barred by limitation due to a 124-day delay in filing without a condonation application, refusing further time.
The appeal was dismissed being barred by limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH AT BILASPUR
Bench : Hon?bj@_Shri,Dji|pRao5aheb Deshinykh, J.
M. A. JQ.} P.R.No.1204/2008
IL
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| Appejiants Cialmants |
1. | Smt. Uttara Wd/o Late ChhabiJal Tandon, aged about 39 years, |
|---|---|---|
| 2. 3. 4. 5. 6. 7. |
Yogendra Pai Singh, S/o Late Chhabiial Tandon, aged about 18 years, Vivek Kumar^ S/o Late Chhabiiai Tandon, aged aboutlSyears, Ku. Pratibha. D/o Late Chhabiia! Tandon, agedabout14yea.rs, Ku. Manisha, D/o Late Chhabjlaj Tandon, aged about 12 years, Shri Samaru, S/o Late Sadaram Tandon, aged about 65 years, Smt. Gendi Bai VV7o Samaru Ram Tandon, aged about 62 years, Aii R/o Guru Ghasidas Societyf, New Rajendra Nagar, Raipur, DJstrict Raipur (C.G.) Versys |
|
| Respondents | 1. 2. |
Abubakar Khan, S/o Jab-bar Khan, Non- appiicants, Musaiman, aged about 32 years, R/o Podi, Thana Maharajpur, District Mandala, (M.P.) Manjeet Singh, S/o Shri Swarn Singh, aged about 44 years/ R/o 287, Gupteshwar Ward, Madan Mahal, Jabaipur, District Jabaipur (M.R) |
| 3. | The Nationa! insurance Company Limjted; Nagar Branch No.495, Marhata!, JabaJpur (M.P.) Through: Main Brancn Office, G.E, Road, above Central Bank, Raipur (Chhattisgarh) |
IVMscellaneoys Appeal ynder S.ectioii 173 ofthe Motor Vehlcies Act 1994.
Besent :-
Shri O. P. Yadav, counse! tbr the appeilants.
on this 2?5d,d|ylDfSepteniber,
The matter is iisted today for orders on default.
(2) Shri O. P. Yadav, learned oounsel for the appellants prayed for further
tirne to remove the defaults. Appea! Vi/as fl!ed on 08-04-2008. On 29-07-2008,
Shri O. P, Yadav, tearned counsel for the appellants prayed for time'to remove
the defauits. As prayed, final!y four weeks time v^as granted to iearned counsei
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for the appeiiants. The default as pointed out by the Registn/ is that the appeai is barred by Simitation. Delay in filing this appea! is of 124 days. !t has been reported that the appiication for condonatlon of delay in filing thjs appea! has not been 11ied. Learned counseifor the appeiiants submitted that despite sendlng intimation, the appeiiants have not come to Bilaspur for flling an appilcation for condonation of deiay in fiiing this appeai. !n this vievv' of the matter, no further time can be granted. The appea! being barred by limitatlon is dismissed.
Sd/Dilip Raosaheb Deshmukh Judge
Turnane
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1 issue framed by the court
Whether the appeal is barred by limitation due to a delay of 124 days in filing without application for condonation of delay.
1 provisions across 1 enactments
Smt. Uttara Wd/o Late Chhabiial Tandon
Yogendra Pal Singh S/o Late Chhabiial Tandon
Abubakar Khan S/o Jab-bar Khan
Musaiman
The National Insurance Company Limited
Dhliip Raosaheb Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
