Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Zile Singh – Appellant
Versus
Rajwanti – Respondent
JUDGMENT :
Nidhi Gupta, J.
CM-14792-C-2019
1. Prayer in the present application filed under Section 151 CPC is for condonation of delay of 800 days in refiling the accompanying appeal, which is duly accompanied by an affidavit of the clerk of learner counsel for the appellant.
2. The only reason cited by learned counsel for the applicant/appellant in the said application for cause of delay of 800 days in refiling the appeal is as under:-
'That when the case was returned back with some objections and collected by the clerk Sh. Ramesh to the counsel. Thereafter collected the brief which was lying in objections but then he put the paper book in the miscellaneous brief alongwith some blank vakalatnamas and proforma of memo of parties but the clerk to the counsel for the appellant inadvertently placed the miscellaneous brief among the decided briefs in the office of the counsel for the appellant, but it skip from his mind to take out the paper book of the present appeal from the miscellaneous brief. It also skip from the mind of the counsel for the appellant due to pressure of work. Though the appellants were told that the appeal has been filed and they will be apprised about the status bu
Delay in appeals must be satisfactorily explained; insufficient proof of karewa marriage leads to dismissal of property claims.
Void marriage under Section 11 HMA for subsisting prior spouse upheld; admission via affidavit post-notice suffices without proving ceremonies; 654-day appeal delay not condoned for lack of bona fide....
Insufficient cause for condoning the delay in filing an appeal under Section 5 of the Limitation Act leads to dismissal of the appeal.
The court emphasized that mere reliance on counsel does not justify inordinate delay in filing an appeal; sufficient cause must be shown by the appellant.
The court upheld that additional evidence in appeals is only admissible when adequately justified, and second appeals can only challenge legal errors, not factual determinations.
Delay in filing a second appeal cannot be condoned without sufficient cause; administrative reasons and natural calamities must be substantiated with evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
