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BABUBHAI THAKKAR (CEO)     13 October 2011

Limitation act permission missed ....

Dear Mr. Rajkumar Makkad,

Kindly guide us in the following matter .

  • In Our one case we registered under 138 we authorize
  • Manager to file the case. Manager left the firm.
  • No one was presenting at court for last six years.
  • With not attending the complain the complain quashed . But the Judge observe that as per limitation act we have breached two times the Limitation act , so will not be able to even appeal at High Court.
  • At High Court any how we manage the delay condonation of 10 days under CRPC 378 but have forgotten to get permission under section 5 of limitation act. The appeal dismissed by high court.Is it right??
  • If we gets delay con-donation  of 10 days means we have got also delay codon for section 5 of limitation act.??? At High court the delay condone appeal was also passed after 7 years of process because the respondent was not available . High court also observed that we also breached Limitaion twice in lower court and twice in High court.
  • Our lawyer has not taken care to file permission for limitation act section 5 for  it.
  • High court is right for limitation act.??? Non erroneous??It is our duty to file separate appeal for limitation act section 5 .???


Our appeal dismissed at high court.



Learning

 1 Replies


(Guest)

this is how justice is denied through delay... write in your petition that you relied on your lawyers who played mischief and hence you cannot be denied justice... complain to bar council to ban those lawyers... if you have not got any receipts for their fees, this evidence is enough to ban them...


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