Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Jagmohan Sood – Appellant
Versus
Ram Tirath – Respondent
| Table of Content |
|---|
| 1. petition challenges condonation of delay in eviction appeal. (Para 1 , 2) |
| 2. parties dispute knowledge date, service, and delay reasons. (Para 3 , 4) |
| 3. appellate court condones delay due to late copy and invalid service. (Para 5) |
| 4. long unexplained delay ignored; service issue beyond scope. (Para 6 , 7 , 8) |
| 5. condonation needs balanced reasoning, cogent explanation, jurisdictional limits. (Para 9) |
| 6. impugned condonation order set aside. (Para 10) |
JUDGMENT :
Ajay Mohan Goel, J.
By way this petition, the petitioner has assailed order dated 01.09.2023, passed by the learned Additional District Judge-II, Shimla in Case Reg. No. 9002926/2018, titled as Sh. Ram Tirath and another Vs. Shri Jagmohan Sood, in terms whereof, learned Court has allowed the application filed under Section 5 of the Limitation Act by condoning the delay in filing the appeal.
2. Brief facts necessary for the adjudication of this petition are that feeling aggrieved by order dated 17.03.2017, passed by learned Rent Controller, Shimla, H.P. in Rent Petition No. 27/2 of 2016, an appeal was preferred by the respondents herein alongwith an application under Section 5 of the Limitation Act for condonation o
Condonation of delay under Section 5 Limitation Act requires full explanation of delay period; courts cannot decide collateral issues like service validity and must balance parties' vested rights.
The court emphasized that excessive delays in filing appeals cannot be condoned without valid reasons and that the law of limitation applies equally to government entities.
The court condoned the 330-day delay in filing the appeal, emphasizing substantial justice over strict adherence to procedural delays and acknowledging the appellants' lack of knowledge and proper le....
A justice-oriented approach must be adopted in condoning delays, focusing on 'sufficient cause' rather than hyper-technical grounds.
The court must adopt a liberal and pragmatic approach in considering applications for condonation of delay under Section 5 of the Limitation Act, prioritizing substantial justice over technicalities.
The main legal point established is the importance of a liberal and justice-oriented approach in dealing with applications to condone delay, considering the elastic nature of the term 'sufficient cau....
The main legal point established in the judgment is the mandatory nature of the provisions of Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability of Section 5 of the Limi....
No meritorious claim should be defeated on mere cause of delay especially in situation where delay was sufficiently explained.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
