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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
MGF Developments Ltd. – Appellant
Versus
Cosmo Propbuild Pvt. Ltd. – Respondent
JUDGMENT :
Deepak Gupta, J.
In Civil Suit bearing CIS No.-CS-2886 of 2022 titled "MGF Developments Limited Vs. Cosmo Propbuild Pvt. Ltd. and others", an application under Order VII Rule 11 of the CPC for rejection of the plaint was moved by defendants No.l to 6 (respondents N: 1 to 5 herein), which was allowed by learned Civil Judge (Sr. Division), Gurugram vide order dated 27.05.2024, thus rejecting the plaint. This order was assailed by plaintiff (appellant herein) of the case by filing Civil Appeal bearing CIS No.CA/435/2024 before the District Court, Gurugram. Along with the appeal, an application to condone the delay of 38 days in filing the appeal under Section 5 of the Limitation Act was moved. The Court of Id. Additional District Judge, Gurugram vide impugned order dated 13.01.2025, dismissed the application for condoning the delay and consequent thereto, the appeal itself was dismissed being time barred.
2. The aforesaid order dated 13.01.2025 of the Appellate Court has been challenged by the plaintiff before this Court by way of present Regular Second Appeal with the prayer to set aside the same by condoning the delay in filing the appeal before the First Appellate Court a
Court emphasizes substantial justice over rigid technicalities, allowing for the condonation of a 38-day delay in filing an appeal based on insufficient justification from the respondents.
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
The court emphasized that while a liberal approach is generally applied in condoning delays under the Limitation Act, lack of sufficient cause, particularly evident inactivity, precludes such discret....
(1) Law of limitation is founded on public policy – Appeal which is preferred after expiry of limitation is liable to be dismissed.(2) Bar of limitation – Delay is not liable to be condoned merely be....
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
The delay in filing an appeal should be condoned in the interest of justice, where there is no gross negligence or deliberate inaction by the appellant. The expression 'sufficient cause' in Section 5....
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