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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RITU TAGORE
Balbir – Appellant
Versus
Dhansi Ram (Deceased) – Respondent
JUDGMENT :
Ritu Tagore, J. (Oral)
1. This common order shall dispose of the above title revision petitions, arising from the same order dated 07.02.2017 (Annexure P-5) passed in- (I) Civil Appeal No. 100 of 2015 titled as 'Balbir vs. Dhansi Ram and Another', arising out of suit No.314 RT of 2003 titled as Dhansi Ram vs. Balbir Singh and Another; (II) Civil Appeal No.99 of 2015 titled as Balbir and Another vs. Parbhati and Others (Annexure P-5), arising out of civil suit No.216 RT of 2001, titled as Parbhati vs. Ram Sarup and Others; (III) Civil Appeal No.101 of 2015 titled as Balbir vs. Govt. of Haryana and Others, arising out of Civil Suit No.392 of 2004 titled Balbir Singh vs. Government of Haryana and Others.
2. The counsel for the parties have agreed and consented to decide these revisions, together, having similar questions of facts and law involved therein.
3. It would be desirable to go through the factual background, leading to filing of these revisions. As explicit from the paper book and documents appended, three suits namely CS No.216 RT of 2001 titled Parbhati Lal vs. Ram Sarup and Others for declaration and permanent injunction, was filed with material averments that suit
The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
The court established that a liberal interpretation of 'sufficient cause' is essential to uphold the principles of substantial justice in delay condonation applications.
Condonation of extraordinary delay requires proper explanation; courts must balance substantial justice against accrued rights and ensure genuine reasons are provided.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
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