Re: CAN 1559 of 2012 (Condonation of delay)

1. The instant appeal being FAT 35 of 2012 is directed against a preliminary decree passed in the partition suit by the learned Trial Court. Since the instant appeal was not filed within the period of limitation, an application has been taken out by the appellant for condonation of delay. There was 234 days delay in filing this appeal before this Court. Reasons for the delay have been sufficiently explained by the appellant in this application. Such delay was caused due to the illness of the appellant. Medical certificate has also been annexed to the application for condonation of delay to substantiate the appellant’s claim of his illness during the relevant period.

2. No affidavit has been used by the respondents controverting such statements made by the appellant in his application for condonation of delay.

3. In view of such uncontroverted statements made by the appellant in the application for condonation of delay, we hold that the reasons which prevented the appellant from filing this appeal within the prescribed period of limitation have been sufficiently explained by the appellant in this application. Accor