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SANJAY VASHISTH
Kaushal Nath – Appellant
Versus
Municipal Council Thanesar Kurukshetra – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Present revision petition has been filed by the plaintiffs against the impugned order dated 01.11.2017 whereby First Appellate Court/learned District Judge, Kurukshetra dismissed the application, seeking condonation of delay in filing the civil appeal and the appeal filed by the plaintiffs (petitioners herein), being the same time barred.
2. Plaintiffs (total twelve) filed a suit for permanent injunction against defendant-Municipal Council, Thanesar seeking a decree for restraining defendants from interfering in the peaceful cultivating possession and ownership of the plaintiffs over the land measuring 3 Kanal 0 Marla, comprising in Khewat No.2295/2153, Khatoni No.2642, Khasra No.200/15, situated at Mauja Darra Kalan, Tehsil Thanesar, District Kurukshetra and also from dispossessing the plaintiffs from the suit land forcibly and illegally or in any other manner.
3. Suit was contested by the defendant-Municipal Council resulting into the dismissal of the same vide judgement and decree dated 28.11.2016. Thereafter, all the appellants approached the Appellate Court by way of an appeal under section 96 of the CIVIL PROCEDURE CODE (CPC), challengi
The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
Point of law: While considering the application for condonation of delay no straight jacket formula is prescribed to come to the conclusion if sufficient and good grounds have been made out or not. E....
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
The main legal point established in the judgment is the importance of a pragmatic and justice-oriented approach in considering sufficient cause for delay condonation, especially when government entit....
The main legal point established in the judgment is that in seeking condonation of delay, the reasons provided must be genuine and sufficient cause must be demonstrated. False or incorrect averments ....
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
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