The court considered an application under Section 5 of the Limitation Act and Section 151 of the CPC for condoning an 18-day delay. The delay was attributed to loss of documents. No opposition was filed. The court accepted the explanation and disposed of the application.
The application for condonation of delay stands disposed of.
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| CMP(M) No. 1485 of 2015 |
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| 13.6.2017 | Present: | Mr. Narender Thakur, Advocate vice counsel for the applicant/appellant. |
|---|---|---|
| Mr. Raman Sethi, Advocate, for respondent No.1. | ||
| None for respondent No.2 though duly served. | ||
| Mr. Dheeraj K. Vashisth, Advocate for respondent Nos. 3 to 10. |
| CMP(M) No. 1485 of 2015 |
|---|
Present application under section 5 of the Limitation Act
read with Section 151 of the Code of Civil Procedure Code is maintained by the applicant for condoning the delay of 18 days in filing the appeal.
As per the applicant, he has prima facie good case and balance of convenience also lies in his favour and the delay in filing the appeal is neither willful nor intentional, but occurred due to the reason that the applicant/appellant had in fact lost his entire file and documents. It is further averred that immediately after locating the same, he took steps to file the present appeal without any further delay. No reply to application has been filed nor intended to be filed.
Heard. Taking into consideration the fact that the delay
has sufficiently been explained and it was not within the control of the applicant for the reasons stated in the application, each days delay has been explained for the reasons given in the application and as stated hereinabove. Consequently, the delay in filing the appeal is condoned. Accordingly, the application stands disposed of.
FAO No. of 2015
Appeal be registered.
Notice. Mr. Raman Sethi, Advocate, appears and waives service of notice on behalf of respondent No. 1 and Mr. Dheeraj K. Vashisth, Advocate, appears and waives service of notice on behalf of respondents No. 3 to 10. Issue fresh notice to respondent No.2, returnable within six weeks.
Copy of grounds of appeal and application be supplied during the course of the day to day.
(Chander Bhusan Barowalia) Judge
13th June, 2017 (bhatt)
2 issues framed by the court
Whether delay in filing the appeal can be condoned under Section 5 of the Limitation Act read with Section 151 of the CPC.
What reasons the applicant advanced for condonation of delay.
2 provisions across 2 enactments
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
