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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Sunil Kumar Dahiya – Appellant
Versus
Suresh Kochhar – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The instant revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 24.02.2025 (Annexure P.4) passed by the Court of Additional District Judge, Nuh, vide which the application for condonation of delay of 36 days in filing an appeal against judgment and decree dated 29.05.2024 passed by the Court of Additional Civil Judge (Sr. Division), Nuh, was dismissed and consequently, the appeal was also dismissed, being time barred.
2. The facts, as emanating from the revision petition, are that the respondent (Suresh Kochhar) filed a suit for possession by way of specific performance of agreement to sell dated 16.02.2012 (Annexure P.1). The said suit was decreed by the Court of Additional Civil Judge (Senior Division), Nuh, vide judgment and decree dated 29.5.2024 (Annexure P.2).
3. Aggrieved by the aforesaid judgment and decree, the petitioner (Sunil Kumar Dahiya) instituted an appeal. The appeal was accompanied by an application under Section 5 of the Limitation Act, 1963 (for short 'the 1963 Act') [Annexure P.3], for condonation of delay of 36 days in filing the appeal.
4. It has been averred in the revision petition t
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....
Insufficient cause for condoning the delay in filing an appeal under Section 5 of the Limitation Act leads to dismissal of the appeal.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
The main legal point established in the judgment is the interpretation of 'sufficient cause' under Section 5 of the Limitation Act and the emphasis on advancing substantial justice.
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.
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....
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