D.B.CivilSPL. APPEALNO.100-06 Smt. Noji & ors. vs. Chandra Prakash & anr. 1 Date of Order: 11.7.2008 Hon'ble Mr. Prakash Tatia, J. Hon'ble Mr. Kishan Swaroop Chaudhari, J Mr. Manish Pithalia for the appellants. Mr. Kishan Bansal for respondent no.1. Mr. Sanjay Paliwal for respondent no.2. Heard learned counsel for the parties. The Misc. Appeal was dismissed by the learned Single Judge vide order dated 28.9.2004 after rejecting the application filed under Section 5 Limitation Act. The learned counsel for the appellant submitted that the award was passed by the Motor Accidents Claim Tribunal on 9.9.2002 and the appeal was preferred before this Court on 17.1.2003. There was delay of about one month. The appellant no.1 to 3 are ladies and appellant no.5 is young girl. The appellants no.1 to 3 are minors. All are residents of very small village Junamaria of District Chittorgarh. They submitted application under Section 5 Limitation Act stating therein that they received the award amount on 16.1.2003 and they filed the appeal on 17.1.2003. The learned counsel for respondent no.2 D.B.CivilSPL. APPEALNO.100-06 Smt. Noji & ors. vs. Chandra Prakash & anr. 2 also have no objection in continuing the appeal. In view of the above reasons, the appeal is allowed and the order passed by the learned Single Judge dated 28.9.2004 is set aside. The application under Section 5 Limitation Act is allowed and the the office is directed to register the appeal. ( KISHAN SWAROOP CHAUDHARI) ,J. (PRAKASH TATIA),J. mlt