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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Kulwant Kaur @ Kulwant Kaur Masuta – Appellant
Versus
Dhian Singh – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
CM-8583-C-2025
1. The applicant/appellant has preferred an application under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, seeking condonation of a delay of 21 days in filing the appeal.
2. In view of the grounds set forth in the application, the same is allowed, and the delay of 21 days in instituting the appeal is hereby condoned, subject to all just exceptions.
3. The application is accordingly disposed of.
CM-8584-C-2025
1. The applicant/appellant has moved an application under Section 151 of the Code of Civil Procedure seeking condonation of a delay of 68 days in re-filing the appeal.
2. For the reasons stated in the application, the same is allowed, and the delay of 68 days in re-filing the appeal is hereby condoned, subject to all just exceptions.
3. The application is accordingly disposed of.
Main Appeal
1. The present Regular Second Appeal (hereinafter referred to as the “RSA”) has been preferred by the appellant–plaintiff assailing the judgment and decree dated 04.12.2024 passed by the learned Additional District Judge, Hoshiarpur, whereby the judgment and decree of the trial Court was affirmed in toto. T
Registered sale deeds carry a presumption of genuineness, placing the burden on vendors to prove non-receipt of consideration.
The court confirmed the agreement for sale was valid, limiting the ability to challenge the decree based on delay and highlighting insufficient grounds for procedural impropriety.
The court emphasized the importance of providing convincing evidence and demonstrating genuine interest in seeking specific performance of a contract.
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