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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Prince Singh – Appellant
Versus
Mastan Singh – Respondent
| Table of Content |
|---|
| 1. suit dismissed in default; delayed restoration rejected. (Para 1 , 2 , 3 , 4) |
| 2. lenient view needed for minor restoration delays. (Para 5) |
| 3. condonation under section 5 mandatory for delay. (Para 6) |
| 4. grant opportunity to file condonation for minor delay. (Para 7 , 8) |
| 5. orders quashed; suit restored with costs. (Para 9 , 10) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has, inter alia, prayed for the following relief:-
“It is, therefore, prayed that petition may very kindly be allowed and the order dated 17.12.2022 passed by learned Additional District Judge-II, Kangra at Dharamshala, in Civil Misc. Appeal no. D/XIV/21/2018, titled as Prince Vs Mastan Singh and 4-others and order passed by learned Civil Judge, Sr.Division, Dehra, Kangra, in CMA No. 256/2015 in Civil Suit No. 106/2010, may kindly be quashed and set aside or the Hon'ble Court may please to pass any such or further order which the Hon'ble Court may deem just and proper on any terms and conditions in the interest of justice and fair play.”
2. The petitioner is aggrieved by order dated 18.02.2016 (Annexure P-5) passed by the learned Trial Court, in terms whereof, an application fi
Courts must grant opportunity to file condonation application under Section 5 Limitation Act for short delays in restoration of suits dismissed in default, avoiding hyper-technical dismissals to prio....
The court emphasized that restoration of a suit requires due consideration of delay under Section 5 of the Limitation Act, especially when minors are involved, highlighting procedural fairness.
A party should not be denied relief due to procedural missteps, especially when genuine misunderstanding exists concerning court dates and the case is at an early stage.
The party seeking relief should not be denied their rights without adjudication in accordance with the law.
Dismissals of suits in default should be exceptions; courts must examine merits before dismissing applications for restoration.
The main legal point established in the judgment is that a party cannot be deprived of justice on technical grounds, and the court can exercise discretion to condone delay in the absence of a formal ....
The court established that a formal application for condonation of delay is not mandatory under Section 5 of the Limitation Act, allowing for discretion in restoring applications.
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