Sunita Goel and Others Vs Sulesh Jain

¶1

CMP(M) No. 886 of 2017

¶2

04.09.2017 Present:

¶3

Mr. J.L. Bhardwaj, Advocate, for the applicants.

¶4

Mr. Ramakant Sharma, Senior Advocate with Ms. Devyani Sharma, Advocate, for the respondent.

¶5

CMP(M) No. 886 of 2017

¶6

The present application is maintained by the applicants, under Section 5 of the Limitation Act, for condoning the delay of 30 days in filing the appeal. As per the applicant, the delay has occurred, as the certified copy of the judgment was attested on 09.03.2017 and the same

¶7

was received by the counsel of the applicants on 07.04.2017. Further the applicants remained under the impression that the limitation will start from the date of delivery of the judgment and, therefore, they contacted the present counsel on 27.06.2017, who apprised them that their appeal has become time barred. Thereafter the application and appeal was drafted and without any further delay the same was filed. The application is duly supported with an affidavit. No reply to the application was filed.

¶8

Heard. At this time, taking into consideration the fact that the delay has occurred as the applicants remained under the bona-fide belief that the limitation will start from the delivery of the certified copy of the judgment and due to this reason, the delay of 30 days has occurred. Otherwise also each days delay has sufficiently been

¶9

explained in the application. Accordingly, this Court finds that the delay is neither intentional nor willful, but was beyond the control of the applicants, hence the delay required to be condoned and is accordingly condoned. The application stands disposed of.

¶10

RSA No. of 2017

¶11

Appeal be registered.

¶12

As prayed for, list for admission after two weeks.

¶13

(Chander Bhusan Barowalia) Judge 4^th September, 2017 (raman)

Sunita Goel and Others v. Sulesh Jain

Case brief

What is this about?

What did the court decide?

Sunita Goel and Others v. Sulesh Jain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

Similar cases

Rakesh Kumar Vs Prem Singh Thakur

Geeta Devi Vs State of Hp

Ashok Kumar Vs State of Hp

Ashwani Kumar Vs Sunita Kumari

National Insurance Company Vs Sarni

Jai Chibb Vs State of Hp