Rukmani Devi vs Kushmi Devi and Others

P.P. Bhatt

The present Civil Revision application has been filed u/s 115 of the CPC challenging the judgment dated 17.2.2012 passed by the learned Principal District and Sessions Judge, Deoghar in Civil Misc. Appeal No. 2/2011, whereby the learned Principal District and Sessions Judge, Deoghar has dismissed the appeal preferred against the order dated 6.5.2011 passed by the Subordinate Judge, 2nd, Deoghar in Misc. Case No. 3/2010. Heard the Learned Counsel for the parties and perused the judgment as well as other papers produced on record.

Learned Counsel for the petitioner submitted that the present petitioner is a very poor and rustic lady and therefore, she may be permitted to file a fresh application u/s 5 of the Limitation Act.

In view of judgments reported in Bhagmal and Others Vs. Kunwar Lal and Others, and Improvement Trust, Ludhiana Vs. Ujagar Singh and Others, , this Court is of the view looking to the facts and circumstances of the present case, the impugned judgment dated 17.2.2012 is set aside and this matter is remitted back to the court below concerned for de novo consideration of the application, filed by the petitioner u/s 5 of the Limitation Act.

Taking into consideration the submission of the Learned Counsel for the petitioner, the petitioner is permitted to file a fresh application u/s 5 of the Limitation Act before the court below concerned. Accordingly, this application is allowed.