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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Madan Lal Tyagi – Appellant
Versus
Anand – Respondent
JUDGMENT :
Deepak Gupta, J.
CM-3987-C-2020
Application is allowed as prayed for.
CM-3989-C-2020
This is an application to condone the delay of 693 days in filing the appeal.
For the detailed reasons, as mentioned in the application, which is supported by an affidavit of the appellant, the same is allowed and the delay of 693 days in filing the appeal is hereby condoned.
CM-4077-C-2020
This is an application to condone the delay of 48 days in re-filing the appeal.
1. For the reasons explained in the application, which is supported by an affidavit of Mr. Gaurav Deep Goyal, Advocate, the same is allowed and the delay of 48 days in re-filing the appeal is hereby condoned.
RSA-1378-2020
2. Plaintiff of the case is against the concurrent findings of the Courts below. Suit filed by the plaintiff seeking decree of declaration, joint possession and permanent injunction regarding property in dispute was dismissed by the trial Court on 18.11.2014. The appeal filed by the plaintiff has been dismissed by the First Appellate Court on 09.09.2017.
2.1 As per the case pleaded by the plaintiff, Ram Swarup had three sons namely Ramphal, Tika Ram and Sita Ram. Sita Ram is the father of the parties. Said Sita Ram
Delay in appeals must be satisfactorily explained; insufficient proof of karewa marriage leads to dismissal of property claims.
Ignorance of a decree does not constitute sufficient cause for condoning a significant delay in filing an appeal, especially when the applicant had legal representation.
Unsatisfactory explanation for delay in filing the second appeal can lead to dismissal of the petition for condoning the delay.
The court emphasized the necessity of providing sufficient cause for delay in legal proceedings and the importance of vigilance in pursuing appeals.
The court emphasized the importance of establishing joint family property and the need to satisfactorily explain inordinate delay in filing an appeal, as per Sec. 96 of CPC and Sec. 51 of the Limitat....
Discretion in condonation of delay should prioritize merits of the case unless gross mala fides or patent illegality is evident.
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