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High Court of Himachal Pradesh · body

2025 DAILYLAW 19480 (HP)

YUSAF v. NIRMLA DEVI

CMP.M/1363/2024 · 2025-01-02

Virender Singh

body2025

Judgment text

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Yusaf Vs. Nirmala Devi CMP(M) No.1363 of 2024 02.01.2025 Present: Mr. Aman Thakur, Advocate, vice Ms. Kusum Chaudhary, Legal Aid Counsel for the applicant. Mr. Vinay Thakur, Advocate for the non- applicant. Reply to the application has been filed. By way of the present application, filed under Section 5 of the Limitation Act, a prayer has been made to condone the delay in filing the accompanying Regular Second Appeal. As per report of Registry, the delay in filing the accompanying Regular Second Appeal is 129 days. The delay in filing the accompanying appeal has been sought to be condoned mainly on the ground that the applicant belongs to Gujjar Community and as such, for 3-4 months, he lives in higher ranges of Himalayas, along with their livestocks, due to which, he could not visit his counsel to sign the documents. The application is duly supported by the affidavit of the applicant. Even otherwise, considering the fact that the appeal is being filed through Legal Aid Counsel, the application, under consideration, is allowed and the delay in filing the accompanying Regular Second Appeal is ordered to be condoned. Application is, thus, disposed of. RSA No. _______ of 2024 Vide order of the even date, passed in CMP(M) No.1363 of 2024, the delay in filing the Regular Second Appeal has been ordered to be condoned. Appeal be registered. List after eight weeks for admission. Meanwhile, record of the learned First Appellate Court, as well as, learned trial Court be requisitioned. January 02, 2025 ( Virender Singh ) (Gaurav Thakur) Judge