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PRATHIBA M. SINGH
Jatinder Pal Singh – Appellant
Versus
Tejinder Singh – Respondent
JUDGMENT :
PRATHIBA M. SINGH, J.
1. This hearing has been done through video conferencing.
2. The impugned judgment dated 21st May, 2019 in R.C.A. No. 50/2017 titled Jatinder Pal Singh vs. Tejinder Singh, is under challenge before this Court by way of a second appeal wherein the first Appellate Court had refused to entertain the appeal on account of it being barred by delay. The Appellants-Plaintiffs (hereinafter “Plaintiffs”) had sought condonation of delay of 49 days in filing the first appeal, which was not acceded to by the Appellate Court.
3. The said first appeal was against the order of the Trial Court dated 2nd December, 2016 in Suit No. 59/2015 titled Jitender Pal Singh and Another vs. Tejinder Singh and Another. A brief background of the matter is that a suit for rendition of accounts and permanent injunction was filed by the Plaintiffs herein, against the Respondents-Defendants (hereinafter “Defendants”). In the said suit, an application under Order VII Rule 11 CPC was filed initially by the Defendants. However, the said application was withdrawn as recorded in the order dated 3rd August, 2016. Thereafter, an application was filed for amendment of the written statement under
It is well-established that delay beyond the limitation period can be condoned if “sufficient cause” is shown by the party, especially if the party has not acted negligently or without bona-fides.
Point of law : It is well-established that delay beyond the limitation period can be condoned if “sufficient cause” is shown by the party, especially if the party has not acted negligently or without....
The main legal point established in the judgment is the importance of adhering to principles of natural justice, procedural provisions, and the need for judicious exercise of discretion in condoning ....
The court held that the appellants' explanation for the delay in filing the appeal was not satisfactory and that they were aware of the judgment and decree of the lower appellate court, as evidenced ....
An appeal that is time-barred cannot be entertained without a proper application for condonation of delay, and such a defect is curable if addressed promptly.
Point of Law : “Sufficient cause” is decisive factor while condoning delay.
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