Rajasthan

StateCommission

A/625/2015

Central Co oprative Bank Malpura - Complainant(s)

Versus

Gopali Devi w/o Lat. Bhanwar Lal Sen - Opp.Party(s)

Sunil Jain

25 Feb 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 625 /2015

 

Central Cooperative Bank Branch Malpura Distt. Tonk through Branch Manager Hanuman Vijayvargia

Vs.

Gopali Devi w/o Late Bhanwarlal r/o village Chainpura, Tehsil Malpura, District Tonk. & ors.

 

Date of Order 25.2.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr. Sunil Jain counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the learned DCF, Tonk dated 14.5.2015.

2

 

The matter has come upon application u/s.5 of the Limitation Act. The contention of the appellant is that before the court below the order was ex-parte. He was not having any knowledge of the order. On the notice of execution he could know about the order and thereafter immediately the appeal has been filed.

 

Heard the counsel for the appellant.

 

The appeal has been filed with delay of 350 days. The record of the court below goes to show that appellant was duly served on 21.2.2014 hence, the contention of the appellant that he was not having knowledge of the litigation is ill-founded. The appellant was duly served. He himself was not opted to appear before the court below and again this appeal has been filed with inordinate delay. No reasonable and sufficient explanation has been furnished. Hence, application u/s 5 of the Limitation Act is liable to be rejected and so also the appeal.

 

(Kailash Soyal) (Nisha Gupta )

Member President

 

 

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