Today is fixed for order as to the petition under Section 5 of Limitation Act, on the previous day that is on 3-5-2018 the petition under Section 5 of Limitation Act was heard in presence of both sides. At the time of argument the learned lawyer of the opposite party argued that in the petition of complaint it has been mentioned that the cause of action of the present case arose on 28-7-2012 and the instant case was filed on 10-12-2014. So definitely the case was not filed within the period of limitation Act that is within the period of two years from the date of cause of action. The learned Lawyer of the OP argued that in the petition under Section 5 of Limitation Act there is no explanation as to the delay near about five months. No medical certificate has been filed to show that the complainant was suffering from illness. So how, the court will condone the delay without any sufficient cause of action as because no document has been filed by the complainant to show the illness. On the other hand the learned Lawyer of the complainant argued that the cause of action arose on 28-7-2012 and it is continuing day by day and it has been mentioned in the Para 12 of the petition of complaint. If it is continuing day by day why the complainant filed the petition under Section 5 of limitation Act, so considering such facts and circumstances it is found that no sufficient cause for condoning the delay has been substantiated. So the petition is to be rejected. It is to be mentioned that neither the office nor the learned lawyer of the complainant pointed out the fact that under Section 5 of Limitation Act is pending, though my predecessors in my office recorded the evidence fixed the date of argument. At the time of writing judgment such fact was noticed by the present President that petition under Section 5 is pending. Actually, there was latches on the part of the complainant but the learned Lawyer of the complainant should bring the notice about such facts. At the time of the filling of the case or thereafter but nothing was done by the Ld. Lawyer of the complainant. Such fact should bring of the notice of the Forum. It is found that the petition under Section 5 of Limitation Act which is not maintainable. So the Forum has nothing to do to dismiss the case.

Hence, it is,

                             O R D E R E D

The instant case be and the same is dismissed as it is not filed within the period of Limitation.