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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA, VIVEK SINGH THAKUR
Kuldeep Kumar Dhiman – Appellant
Versus
Geeta Devi – Respondent
| Table of Content |
|---|
| 1. condonation application for 185-day delay in revision against maintenance order. (Para 1 , 2) |
| 2. delay caused by counsel's failure to inform; discovered via friend. (Para 3 , 4 , 5 , 9) |
| 3. applicant aware through attendance; no clean hands shown. (Para 6 , 7 , 8) |
| 4. section 5 limitation act requires sufficient cause for delay. (Para 10) |
| 5. pleas vague, unsubstantiated; story concocted lacking evidence. (Para 11 , 13 , 14) |
| 6. no sufficient cause; delay condonation application dismissed. (Para 15) |
JUDGMENT :
Vivek Singh Thakur, J.
This application has been preferred by applicant for condonation of delay of 185 days in filing Revision Petition against order dated 24.1.2025 passed in petition filed under Section 125 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) in CIS Case No. 47 of 2020, titled as Smt. Geeta Devi and Another Vs. Kuldeep Kumar Dhiman.
2. Respondent No. 1 filed an application claiming maintenance for her and her minor daughter respondent No. 2 under Section 125 of the Cr.P.C. from present applicant Kuldeep Kumar Dhiman, which has been partly allowed by Principal Judge, Family Court, Kinnaur Sessions Division at Rampur Bushahr by awarding monthly mai
Condonation of delay under Section 5 Limitation Act requires plausible, substantiated explanation; vague pleas of counsel non-intimation, unsubstantiated by affidavits or details despite objections, ....
Delay in filing civil revisions can be condoned if sufficient cause is shown under Section 5 of the Limitation Act, emphasizing a justice-oriented approach.
“Delay allegedly caused by previous counsel who failed to communicate impugned order a State Commission to petitioner found not satisfactory.”
A liberal approach to condonation of delay under Section 5 of The Limitation Act requires a reasonable explanation; negligence or lack of diligence by the applicant can lead to dismissal.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
(1) Each day’s delay - The petitioner failed to explain or show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertai....
(1) Protracted delay - The petitioner failed to show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertains to the d....
Delay in filing an appeal does not warrant condonation without sufficient substantiated evidence, emphasizing the need for timely legal actions.
Genuine reasons for condonation of delay are crucial, and lack of documentary evidence for health and financial issues may lead to dismissal of the petition.
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