DINESH MEHTA,J. - (1.) AND ORDER I.A. (Inward No. 22320 of 2011) The present application under Section 5 of the Limitation Act has been filed by the appellant, seeking condonation of delay in filing the present appeal. The reasons for filing the appeal belatedly, as assigned in the application at hand, are that the Court below had deprived the appellant of her rights, and decreed the suit in light of a compromise/relinquishment deed said to have been executed by the appellant, which was obtained by fraud. It has been asserted that the appellant was not called for attesting the compromise by the Court and as such he came to know about the decree and such fraud years after passing the preliminary decree.
(2.) It is to be noticed that with the same assertion and indication, the appellant had filed an application under Section 5 of the Limitation Act, laying challenge to the preliminary decree dated 02.12.2004 and the said application under Section 5 of the Limitation Act filed by the appellant had been rejected by this Court on 15.02.2012.
(3.) This Court does find any justifiable reason for condoning the delay as the earlier application under Section 5 of the Limitation Act filed along with appeal against the preliminary decree containing identical assertions had been rejected by this Court.;