The court allowed an application to condone a delay of over 22 months in filing an appeal under Section 5 of the Limitation Act, finding that the applicants had explained sufficient cause for the inaction.
Delay of one year, nine months and twenty one days in filing the appeal is condoned and the appeal is registered.
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CMP(M) No. 978 of 2017
10.10.2017 Present: Mr. Rakesh Dhaulta, Advocate, for the applicants.
Mr. Virender K. Verma, Addl. AG with Mr. Pushpinder Jaswal, Dy. AG and Mr. Rajat Chauhan, Law Officer, for the respondents.
CMP(M) No. 978 of 2017
The present application is maintained by the applicants, under Section 5 of the Limitation Act, for condoning the delay of one year, nine months and twenty one days in filing the appeal. As per the applicants, they had challenged the judgments and decrees, passed by learned Courts below by filing single regular second appeal, which remained under objection and came up for hearing on 29.04.2017, whereby the applicants were directed to remove the objection that two judgments and decrees cannot be assailed by way of one regular second appeal. Thereafter, on 07.07.2017, by filing separate RSA No. 148 of 2017, the applicants removed the said objection, however in this process, the delay of one year, nine months and twenty one days, in filing the appeal has occurred, which is neither intentional nor willful, hence the same may be condoned. The application is duly supported with an affidavit. Reply to the application has been filed and it is averred that there is no basis to accept the justification as the applicants were totally negligent in pursuing their case, so the application be dismissed.
Heard. After going through the contents of the application and hearing the learned counsel for the parties, this Court finds that the applicants have explained sufficient cause, which prevented them from filing the appeal within the prescribed period of limitation. Accordingly, for the reasons stated in the application, the present application is allowed and the delay of one year, nine months and twenty one days, in filing the appeal is condoned. The application stands disposed of.
RSA No.
Appeal be registered.
List for admission after two weeks.
(Chander Bhusan Barowalia)
Judge
10th October, 2017
(raman)
2 issues framed by the court
Whether the delay of one year, nine months and twenty one days in filing an appeal can be condoned under Section 5 of the Limitation Act.
Whether the applicants have explained sufficient cause for the failure to file the appeal within the prescribed period.
1 provisions across 1 enactments
Unspecified Applicants
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
