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2021 Supreme(HP) 970

AJAY MOHAN GOEL
Bala Devi – Appellant
Versus
Vinod Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vishal Bindra.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this petition filed under Article 227 of the Constitution of India, the petitioners have assailed order dated 25.02.2020, passed by the Court of learned District Judge, Sirmaur at Nahan, District Sirmaur, HP, in an application filed by the respondent herein under Section 5 of the Limitation Act for condonation of delay in filing the appeal.

2. Learned Counsel for the petitioners has argued that the order passed by learned District Judge is not sustainable in the eyes of law as the application which stood filed under Section 5 of the Limitation Act for condonation of delay in filing the appeal was wrongly allowed by the learned Appellate Court without appreciating that the delay in filing the appeal was not of 12-13 days, as pleaded therein, but was of 28 days. He further submits that on this count, the impugned order is liable to be set aside.

3. Having heard learned Counsel for the petitioner, in my considered view, there is no merit in the present petition. Be it delay of 12-13 days or of 28 days, such delay, by no stretch of imagination, can be said to be inordinate delay. That being the case, as the endeavour of the Court has to be, to de

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