This order granted an application under Section 5 of the Limitation Act for condonation of a 369-day delay in filing an appeal. The court relied on previous decisions in similar connected matters.
Condonation of delay of 369 days for filing appeal; main appeal disposed off similarly.
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RFA No. of 5488 of 2008 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RFA No. of 5488 of 2008 (O&M) Date of decision: July 08, 2009
Smt. Tara Katoch
........ Appellant
Versus
State of Haryana and others .......Respondent(s)
Coram: Hon'ble Ms Justice Nirmaljit Kaur
-.-
Present: Mr.Sandeep Panwar, Advocate for the appellant
Mr. Navneet Singh, AAG, Haryana for the respondent-State
Mr. Deepak Balyan, Advocate for respondent No. 2
-.-
Nirmaljit Kaur, J.
C.M. No.11624 CI of 2008
This is an application under Section 5 of Limitation Act for
condonation of delay of 369 days in filing the appeal.
For the reasons recorded in the application and also keeping in view that it is the claimant's appeal and similar connected appeals have already been decided, granting the same relief, delay of 369 in filing the appeal is condoned, in the interest of justice.
C.M. stands disposed off.
Main case
It is admitted by learned counsel for the parties that the present
appeal is squarely covered by the judgement rendered by a Single Bench of this
RFA No. of 5488 of 2008 (O&M) 2
Court in the case 'Smt. Poonam v . State of Haryana and others' , RFA No. 3008
of 2008, decided on 25.02.2009.
In view of the above, the instant appeal is also disposed off in the same terms as in RFA No. 3008 of 2008, referred to above.
(Nirmaljit Kaur) Judge
July 08, 2009 mohan
1 issue framed by the court
Whether the leave to file appeal under Section 5 of the Limitation Act, 1963 for condonation of delay should be granted when similar connected appeals have already been decided.
Colour shows how this judgement treated each authority
Smt. Poonam v. State of Haryana and othersDistinguished¶24
RFA No. 3008 of 2008
1 provisions across 1 enactments
Smt. Tara Katoch
State of Haryana
others
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
