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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Gram Panchayat Of Village Achintkot – Appellant
Versus
Gurdwara Gursar Satlani Sahib – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The instant revision petition, filed under Article 227 of the Constitution of India, assails the order dated 13.07.2022 (Annexure P-4) passed by the Court of Additional District Judge, Amritsar, vide which the application for condonation of delay in filing appeal against judgment and decree dated 01.05.2019 passed by the Court of Additional Civil Judge (Sr. Division), Amritsar, was dismissed and consequently, the appeal was also dismissed, being time barred.
2. The facts, as emanating from the present revision petition, are that the petitioner filed a suit for possession, declaration and permanent injunction against the respondent-defendants claiming itself to be the owner in possession of land measuring 23 Acres 1 Kanal and 17 Marlas (fully detailed in the plaint) situated in Village Achintkot, Tehsil Amritsar-II/Attari District Amritsar.
3. The defendants contested the said suit by filing their written statements. Parties led their respective evidence.
4. Vide judgment and decree dated 01.05.2019, the trial Court dismissed the suit filed by the plaintiff. The appeal filed by the appellant-plaintiff was dismissed vide order dated 13.07.2022 passed by Addi
The court upheld the condonation of delay in filing an appeal, emphasizing a liberal approach in light of the COVID-19 pandemic and prior court directions.
A revision under Article 227 does not lie against the refusal to condone delay in filing an appeal when no jurisdictional error is established; timely filing of appeals is essential.
The court emphasized the need for substantial justice, the wide discretionary powers under Article 227 of the Constitution of India, and the balance of convenience between the parties.
The law of limitation is based on the principle that parties should seek their remedy promptly, and the courts are not to extend the period of limitation on equitable grounds.
Condonation of delay in filing application for restoration of Civil Suit – Delay to be condoned in interest of justice provided that applicant satisfies court that he had sufficient cause for not pre....
The main legal principle established is that delay in filing appeals should be condoned when sufficient cause is shown, especially to advance substantial justice. The discretion to condone delay shou....
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