JUDGMENT

Jyoti Singh, J. (Oral)

CM No. 13995/2021 (Exemption)

Allowed, subject to all just exceptions.

Application is disposed of.

CM No. 13993/2021

2. This is an application filed by the Appellant/Defendant No.1 seeking condonation of delay of 423 days in filing the appeal under Section 5 of the Limitation Act, 1963 read with Order XLI Rule 3(A) CPC.

3. The twofold grounds taken in the application for condonation of delay are that it took some time for the Appellant to change the counsel and engage a new one as also that Ms. Tarvinderjit Kaur, the sole proprietor of Appellant was diagnosed with cancer and was undergoing treatment for the same. Her husband and son both underwent surgeries for the fracture of leg and jaw, respectively and due these multiple issues, which she was required to handle singly, counsel could not be engaged on time. Situation worsened on account of Pandemic Covid-19 and thus the delay is bonafide and for reasons beyond the control of the Appellant.

4. I have heard the learned counsels for the Appellant and examined the application.

5. Appellant has made out sufficient cause for condonation of delay in filing the present appeal and the averments are supporte