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2022 Supreme(Del) 182

C.HARI SHANKAR
Bhagwan Singh – Appellant
Versus
Delhi Development – Respondent


Advocates Appeared:
Mr. Samson Honey, Adv, for the Appellant, Mr. Sanjay Katyal, for the Respondent.

JUDGMENT

1. This second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns an order dated 10th February, 2022, passed by the learned Additional District Judge, Karkardooma Courts ("learned ADJ"), who has dismissed the first appeal of the appellant on the ground of delay. The impugned order reads thus:

    "Appeal under Order XLI Rule 1 read with Section 96 of the CPC against the judgment dated 04.04.2019 passed by Ld. ASCJ, KKD Court, Delhi in Civil Suit No.9876/2016

    JUDGMENT

      1.) The subject matter of the present adjudication is the appeal under Order 41 Rule 1 read with Section 96 CPC against the impugned judgment dated 04.04.2019 passed by Ld. ASCJ, KKD Courts, Delhi in Civil Suit No.987p/2016. Vide the impugned order the Ld. Trial Court had dismissed the present suit. The appeal under consideration is also accompanied with an application dated 17.07.2019 seeking condonation of delayin filing the appeal. In the said application it is prayed that the delay of 100 days be condoned.

      2.) Arguments as addressed by both the appearing parties heard.

      3.) In the application seeking condonation of delay the only ground as stated therein is that 'due to lack of resources the

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