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VIKRAM AGGARWAL
Yash Pal Joura – Appellant
Versus
Naveen Mahajan – Respondent
JUDGMENT
Mr. Vikram Aggarwal, J. (Oral
The present revision petition filed under Article 227 of the Constitution of India assails the order dated 15.05.2023, passed by the Addl. District Judge, Pathankot vide which the application, filed by the respondent for condonation of delay of 12 days in filing the appeal was allowed.
2. The facts, as emanating from the paper book, are that a suit for possession by way of specific performance was filed by the petitioner-plaintiff against the respondent-defendant. The same was decreed on 27.10.2022. An appeal was preferred by the respondent-defendant against the said judgment and decree dated 27.10.2022. The said appeal was accompanied by an application for condonation of delay of 12 days in filing the appeal (Annexure A-1). The application was opposed by way of a reply (Annexure A-2). Vide impugned order dated 15.05.2023, the application was allowed and the delay of 12 days in filing the appeal was condoned leading to the filing of the present revision petition.
3. I have heard learned counsel for the petitioner and have perused the paper book.
4. Learned counsel for the petitioner has vehemently contended that the First Appellate Court erred i
The court reaffirmed that a liberal interpretation of 'sufficient cause' for condonation of delay is essential to ensure substantial justice, allowing a non-pedantic approach to procedural matters.
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
The court held that for condoning delay under Section 5 of the Limitation Act, the party must demonstrate sufficient cause, with mere negligence or vague explanations failing to meet this burden.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
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