The applicant applied for condonation of delay in filing an appeal under Section 5 of the Limitation Act, citing ignorance of legal intricacies and other bona fide reasons. The Court allowed the application.
Delay of 11 days in filing the appeal is condoned. Application stands disposed of.
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CMP (M) No.1569 of 2019
10.12.2019 Present:
Mr. Tarun Kumar Sharma, Advocate, for the applicant. Mr. Jeewan Kumar, Advocate, for the respondent.
CMP (M) No.1569 of 2019
The present application, under Section 5 of the Limitation Act, has been maintained by the applicant, for condonation of delay in filing the appeal. As per the applicant, he is a rustic villager and is not aware about the legal intricacies. In the month of June, 2019, he received a call from his counsel that his case has been decided by the learned Court below. Thereafter, he visited the office of his counsel in the last week of June, 2019 and received the copy of judgment passed by the learned Trial Court. Thereafter, he contacted his counsel, who advised him to challenge the same before this Court. The delay which has been caused is not intentional, but it was due to the bonafide reason as stated hereinabove. The application is duly supported with an affidavit. No reply to the application has been filed.
Heard. At this stage, taking into consideration the fact that the delay of 11 days in filing the appeal for the sufficient reasons, which was beyond the control of applicant, as the applicant was pursuing his case diligently. Accordingly, the delay in filing the appeal is condoned. Application stands disposed of.
Be registered. As prayed, list after two weeks.
2 issues framed by the court
Whether delay of 11 days in filing the appeal warranting condonation under Section 5 of the Limitation Act due to ignorance of legal intricacies and bona fide reasons?
Whether the application for condonation of delay should be allowed given the applicant's diligent prosecution of the case?
1 provisions across 1 enactments
The Applicant
The Respondent
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
