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2021 Supreme(P&H) 1218

G.S.SANDHAWALIA
Radhika G. Arora – Appellant
Versus
Bhim Sen – Respondent


Advocates Appeared:
Mr. V.K. Sandhir, Advocate for the Appellant

JUDGMENT

G.S. Sandhawalia, J.(Oral). - Present civil revision has been filed under Article 227 of the Constitution of India, challenging the orders dated 20.09.2016 (Annexure P-3) and 23.05.2017 (Annexure P-4).

The plaintiff-petitioner is aggrieved against non-grant of injunction by the Courts below. The present petition has been filed on 11.05.2021 after a period of almost four years. Nothing has been averred in the revision petition as to what prevented the petitioner to file this petition after such a delay.

Counsel for the petitioner has vehemently tried to convince this Court that on account of situation of COVID-19, petitioner could not approach this Court in time and delay has arisen.

The above contention of counsel for the petitioner is without any basis. Situation of COVID-19 only occurred in March, 2020 and for a period of three years prior to that, no efforts have been made to challenge the impugned orders. Merely because the petition has been filed under Article 227 of the Constitution, the period of limitation, which is prescribed under Section 115 of CPC, whereby as such, orders are to be challenged within the prescribed period, cannot be ignored. In such situation, this

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