This application for condonation of delay under Section 5 of the Limitation Act was allowed. The court held that the reasons provided by the applicant for the 73-day delay were sufficient and not within their control, thereby condoning the delay and disposing of the application.
Delay of 73 days is condoned and the application is disposed of.
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CMP(M) No. 906 of 2016
12.07.2017
Present: Mr. Pushpinder Jaswal, Dy. AG with Mr. Rajat Chauhan, Law Officer, for the applicant. Respondent service, but none present.
CMP(M) No. 906 of 2016
The present application is maintained by the applicant, under Section 5 of the Limitation Act, for condoning the delay of 73 days, in filing the appeal. As per the applicant, the delay has occurred, as the judgment was passed on 28.11.2015, certified copy thereof was attested on 14.12.2015, which was received on 14.12.2015. After receipt of the judgment, the matter was referred to various Departments and on 23.03.2016, after final opinion of the Law Department, the appeal was filed without any further delay. The application is supported by an affidavit.
Heard. Taking into consideration the fact that the delay has been sufficiently 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. The application stands disposed of.
RSA No. & CMPST No. 24354 of 2016
Appeal and application be registered.
Issue notice to the respondent returnable within
four weeks, on taking steps within a week. List thereafter.
(Chander Bhusan Barowalia) Judge 12th July, 2017 (raman)
1 issue framed by the court
Whether the delay of 73 days in filing the appeal should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Applicant
Respondent
Mr. Pushpinder Jaswal
(Chander Bhusan Barowalia) Judge
As recorded by the court registry
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