The court condoned a delay of ten days in filing an appeal under Section 5 of the Limitation Act, accepting the applicant's explanation of unavoidable agricultural and household work.
Delay of ten days in filing the appeal is condoned and the application is disposed of.
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CMP(M) No. 240 of 2019
02.12.2019
Present:
Mr. Kishore Pundeer, Advocate, for the applicant.
Ms. Poonam Moghta, Advocate, vice counsel for the respondents.
CMP(M) No. 240 of 2019
The present application under Section 5 of the Limitation Act has been maintained by the applicant for condoning the delay of delay of 10 days in filing the appeal. As per the applicant, the delay has occurred, as he could not come to the office of his counsel to file the appeal, since he was busy in agricultural, as well as urgent household work. The application is duly supported with an affidavit. No reply to the application has been filed.
Heard. For the reasons stated in the application, more particularly in para 3, this Court finds that the delay, as occurred, was beyond the control of the applicant and deserves to be condoned. Accordingly, the present application is allowed and delay of 10 days in filing the appeal is condoned. The application stands disposed of.
RSA No.
Appeal be registered.
As prayed, list for admission after three
weeks.
(Chander Bhusan Barowalia) Judge
December 02, 2019
(raman)
1 issue framed by the court
Whether an application for condoning delay of ten days in filing an appeal under Section 5 of the Limitation Act should be allowed.
1 provisions across 1 enactments
Chander Bhusan Barowalia
Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
