PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Zile Singh – Appellant
Versus
Rajwanti – Respondent
| Table of Content |
|---|
| 1. condonation of delay requires detailed justification. (Para 1 , 2) |
| 2. proving karewa marriage is essential for inheritance claims. (Para 3 , 10 , 11) |
| 3. admission in court serves as crucial evidence supporting claims. (Para 12 , 14) |
| 4. appeal is dismissed based on merit and delay. (Para 18) |
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 ap
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.
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