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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Gurdeep Singh @ Gurdip Singh – Appellant
Versus
Jasvir Kaur – Respondent
JUDGMENT :
NIDHI GUPTA, J.
CM-11541-C-2023
Prayer in this application filed under Section 151 CPC is for condonation of delay of 2376 days in refiling the appeal.
2. The reasons cited by learned counsel for the applicant/appellant in the abovesaid application for condonation of 2376 days delay in refiling the appeal are as under:-
“2. That the appeal was filed on 14.10.2015 but the registry raised some objections on 02.12.2015. The clerk collected the same from the registry and the appellant was asked to make good the deficit court fee as well as provide relevant record in support of the case as the record was not complete. The appellant failed to complete the missing documents or even give any further instructions.
3. That the appellant could not be contacted despite repeated endeavors made by the counsel and finally when the appellant came with relevant documents in Oct, 2016 and the court fee, by that time the counsel had shifted his office premises and the brief of the present case was lost.”
3. The said reasons do not constitute sufficient cause to condone extraordinary and inordinate delay of 2376 days in refiling the present appeal. From the above, it would appear that the applican
Delay in appeals must be satisfactorily explained; insufficient proof of karewa marriage leads to dismissal of property claims.
The court emphasized that mere reliance on counsel does not justify inordinate delay in filing an appeal; sufficient cause must be shown by the appellant.
Registered sale deeds carry a presumption of genuineness, placing the burden on vendors to prove non-receipt of consideration.
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