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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Raj Kumar – Appellant
Versus
Gurjant Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. Present petition has been filed by the plaintiff no.l under Article 227 of the Constitution of India seeking setting aside of order dated 09.05.2017 passed by learned Additional District Judge, Sangrur dismissing the appeal filed by the petitioner against order dated 27.5.2015 passed by the learned Civil Judge, Senior Division, Sangrur whereby application filed by the petitioner for restoration of the suit for specific performance dismissed in default for want of prosecution on 23.07.2013, had also been dismissed; with further prayer for restoration of the Civil Suit.
2. Learned counsel for the petitioner inter alia submits that the petitioner had amply demonstrated before the learned Courts below that there were valid and cogent reasons given by the petitioner for being unable to appear before the learned trial Court on 23.07.2013. The petitioner had produced exhaustive medical record (Mark A to Mark D/Annexure P3 herein) to show that the petitioner was admitted in hospital at the said time and was therefore, unable to appear before the learned trial Court on 23.07.2013. Therefore, the dismissal of the suit of the petitioner in default on 23.07.2013 was
Point of Law - It is axiomatic that condonation of delay is a matter of discretion of court Section 5 of Limitation Act does not say that such discretion can be exercised only if the delay is within ....
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' and a pragmatic approach to advance substantial justice in applications for condonation o....
The court emphasized a pragmatic approach to justice, stating that delay should be liberally construed under the Limitation Act, and parties should not be penalized for their counsel's non-appearance....
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....
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
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