SIRE KANWAR Vs. GEETA DEVI
LAWS(RAJ)-2019-8-97
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on August 28,2019

SIRE KANWAR Appellant
VERSUS
GEETA DEVI Respondents

JUDGEMENT

SANJEEV PRAKASH SHARMA,J. - (1.) This second appeal is barred by limitation by 4427 days which is about 13 years.
(2.) Heard counsel for both the parties.
(3.) Learned counsel appearing for applicant-appellant submits that both the orders passed by the trial court as well as by the appellate court were ex-parte. He submits that the provisions of Order 5 Rule 20 CPC were not followed before making publication of notices. It is his submission that he has come to know only from some other source with regard to the execution proceedings being taken by the respondents. It is his submission that the appellant was residing at Village Nokha, District Bikaner while the address in the plaint as well as in the appeal was that of Bikaner, and therefore, there was no occasion for the notices being received by the appellant. The delay caused in filing the second appeal is therefore, on bonafide reasons and deserves to be condoned. ;


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