2002 (4) TMI 944

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..... thakur and R.K. Maheshwari, Advocates with him, for the Respondent. JUDGMENT Leave granted. 2. A suit for declaration of title and recovery of possession filed by the plaintiff-respondents was dismissed by the trial Court but decreed in appeal. The Municipal Corporation, the appellant before us, filed a second appeal in the High Court. There was a delay of 39 days in filing the second appe .....

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..... ed in the High Court. The application was vehemently contested on behalf of the plaintiff-respondents. The High Court formed an opinion that sufficient cause within the meaning of Section 5 of the Limitation Act was not made out and, therefore, directed the application under Section 5 of the Limitation Act to be dismissed and consequent thereupon the appeal itself was dismissed as barred by time. .....

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..... ppeal or by assigning a false cause for his non-appearance at the time of hearing. Valuable rights of the parties in an immoveable property are involved. On the totality of the facts and circumstances of the case, we are of the opinion that the High Court ought to have been taken a liberal, and not a rigid and too technical a view of the issue before it and should have condoned the delay in filing .....

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