Allowed

Naveen Jain & Anr. v. Santosh Garg

Delhi HC6 Aug 2018RSA/146/2017

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a second appeal, condoning a 237-day delay because the First Appellate Court incorrectly applied limitation law. The primary appeal was remanded to the First Appellate Court to be heard on merits, with costs imposed on the appellants.

What did the court decide?

Allow second appeal; condone 237-day delay; set aside order dismissing First Appeal; remand to First Appellate Court for disposal on merits; order payment of consolidated costs of Rs.15,000.

Naveen Jain & Anr. Vs Santosh Garg — Civil Procedure and Limitation | Delhi HC (2018)

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$~136.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RSA 146/2017 & CM No.19815/2017 (for condonation of 237 days delay in filing the appeal). NAVEEN JAIN & ANR ..... Appellants Through: None. versus

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SANTOSH GARG ..... Respondent Through: Mr. V.P. Garg for respondent.

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CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R

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% 06.08.2018

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This order is in continuation of the earlier order dated 31^st July, 2018.

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None appears for the appellants.

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Mr. V.P. Garg, Advocate for the respondent, who states that he is also the husband of the respondent, states that he has verified the record of the First Appellate Court and what the counsel for the appellants had represented before this Court on 31^st July, 2018 has been found to be correct. He further states that the respondent has no objection to this Second Appeal being allowed and to the First Appeal preferred by the appellants being directed to be heard on merits. He however states that the appellants have not paid the costs of Rs.10,000/- imposed on the appellants at the time of dismissal of their application for review and a direction to that effect may be given.

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As already noted in the order dated 31^st July, 2018, there is a delay of 237 days in preferring this Second Appeal. However, since it has been found that the First Appellate Court dismissed the appeal on a wrong application of law of limitation, subject to the appellants paying costs of Rs.5,000/- to the RSA 146/2017 page 1 of 2

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counsel for the respondent, the said delay of 237 days in preferring this appeal is condoned.

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C.M. No.19815/2017 is disposed of.

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The appeal is allowed. The impugned order dismissing as barred by time, the First Appeal preferred by the appellant is set aside.

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The parties to appear before the First Appellate Court i.e. the Court of Additional District Judge–II (North-West), Rohini, Delhi on 23^rd August, 2018.

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The First Appellate Court is directed to hear the parties and dispose of on merits the First Appeal preferred by the appellants.

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The appellants however, before proceeding with the appeal shall pay consolidated costs as aforesaid of Rs.15,000/- to the respondent.

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The appeal is disposed of.

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A copy of the order dated 31^st July, 2018 as well as copy of this order be sent to the Additional District Judge-II (North-West), Rohini, Delhi who had pronounced the orders dated 20^th May, 2016 and 14^th December, 2016 and the said learned Additional District Judge is requested to be careful in future.

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A copy of the said orders be also forwarded to the Committee of the Inspecting Judges of the learned Additional District Judge.

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The Suit Court record and the First Appellate Court record, if requisitioned, be returned forthwith.

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RAJIV SAHAI ENDLAW, J

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AUGUST 06, 2018 ‘pp’.. RSA 146/2017

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Naveen Jain & Anr. v. Santosh Garg

Case brief

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Naveen Jain & Anr. v. Santosh Garg

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