Shiv Prasad vs Jayshanker on 20 May, 2010

                                 M.A. No.331/2007
      20.05.2010:
            Shri S.K. Tiwari, Advocate is present for the appellant.
            Shri Vijay Pandey, Advocate is present for respondent no.3.

Heard on I.A.No.738/07.

Learned counsel for the appellant submitted that the appeal
was in fact preferred within the period of limitation, but inadvertently
due to some mistake application under Section 5 of Limitation Act has
been filed.

As per Office report, the appeal appears to be within time.
Learned counsel for respondent no.3 also conceded that the appeal is
within time. As such, I.A. No. 738/07 being infructuous, needs no
orders.

Record of the trial court be called for.
List for admission in the week commencing 21.6.2010.

(Smt. Sushma Shrivastava)
Judge
rv/