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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Bhajan Singh – Appellant
Versus
Financial Commissioner (Revenue), Punjab – Respondent
| Table of Content |
|---|
| 1. condonation of delay granted (Para 2) |
| 2. delay in challenging partition order (Para 3 , 5 , 6) |
| 3. arguments against delay and locus standi (Para 4 , 7 , 8) |
| 4. court's view on exercise of jurisdiction (Para 9) |
JUDGMENT
G.S.Sandhawalia, J. (Oral)
C.M. Nos.2384-85-LPA of 2022
Applications for condonation of delay of 4 days in filing the appeal and 10 days in refiling the appeal are allowed, in view of averments made in the applications and in view of the nominal delay.
2. Delay of 4 days in filing the appeal and 10 days in refiling the appeal is condoned.
C.Ms. stand disposed of.
LPA-995-2022 (O & M)
3. The present appeal is directed against the order of the learned Single Judge dated 16.08.2022 passed in CWP No. 6144 of 2019 whereby, the writ petition was dismissed on the ground of delay and laches while noticing that it was filed on 05.03.2019 whereas the impugned order passed by the Financial Commissioner was dated 07.09.2016. Accordingly, the learned Single Judge came to the conclusion that being a partition dispute, the appellant should have challenged the impugned order immediately or within a reasonable period of time.
4. Counsel has tried to convince us that the d
Consent to the mode of partition and existing possession are paramount in determining equitable land allocation among co-sharers.
Delay in filing an appeal must be adequately explained; ignorance or counsel's inaction are insufficient grounds to condone significant delay.
A party's lack of awareness of legal obligations does not suffice for condoning significant delays in filing appeals, particularly if represented by counsel.
Point of Law : Section 21 clearly reflects that in the first instance, service is to be attempted upon the person, who is directly involved in the litigation.
Ignorance of a decree does not constitute sufficient cause for condoning a significant delay in filing an appeal, especially when the applicant had legal representation.
Vague explanations do not suffice for condonation of delay; a sufficient cause must be established for delay in filing appeals.
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