Sunaina Modi vs Kamal Kumar on 29 April, 2011

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        FA No.287 of 1998
                          SUNAINA MODI
                              Versus
                          KAMAL KUMAR
                            -----------

22. 29.04.2011 The learned counsel, Mr. Ashutosh Jha

appearing on behalf of the appellant submitted that he

has got no instruction to press the Interlocutory

Application No.401 of 1999. Accordingly, this I.A.

No.401 of 1999 is dismissed as not pressed.

Since this I.A. No.401 of 1999 was filed

under Section 5 of the Limitation Act for condoning the

delay in filing the First Appeal itself and the said

Interlocutory Application has now been dismissed as not

pressed, this First Appeal i.e. F.A. No.287 of 1998 is

liable to be dismissed as it is barred by law of limitation.

Accordingly, this First Appeal is dismissed as

barred by limitation.

Saurabh                                 ( Mungeshwar Sahoo, J.)