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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Shree Sanatam Dharam High School Bhiwani – Appellant
Versus
Dharam Pal – Respondent
JUDGMENT :
Vikram Aggarwal, J.
CM-8000-C-2022
Prayer in the present application preferred under Section 151 CPC is for condonation of delay of 204 days in re-filing the appeal.
Heard.
For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed. The delay of 204 days in refiling the appeal is condoned.
CM-7999-C-2022 in/and RSA-2311-2022
Prayer in the present application preferred under Section 5 of the Limitation Act, 1963 is for condonation of delay of 2462 days in filing the appeal.
2. It has been averred in the application that earlier an appeal (RSA-4421-2014) was filed by the applicant-appellant-society. However, the said appeal was dismissed as withdrawn with liberty to file a fresh appeal in accordance with law vide order dated 15.07.2015 (Annexure A-1). It has been averred that after withdrawal of the said appeal, the appellant-society was looking for a new counsel to draft and file the fresh appeal and an Advocate was agreed to be engaged by the President of the respondent-society for filing the appeal, but the appeal was not filed. It has been further averred that the earlier President of the respondent-Society sent a number of commu
The court ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an appeal.
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
The court emphasized a liberal approach in assessing sufficient cause for condonation of delay under Section 5 of the Limitation Act, particularly when the delay is marginal and does not prejudice th....
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
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