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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Kanta – Appellant
Versus
Dharam Singh – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
CM-264-C-2024 For the reasons given in the application, the same is allowed and the delay of 177 days in re-filing the appeal is condoned.
CM-266-C-2024 and RSA-95-2024
This is defendant’s appeal against the judgment and decree dated 08.01.2018 passed by the Court of Additional District Judge, Hisar, allowing the appeal filed by the plaintiff against the judgment and decree dated 04.03.2015 passed by the Court of Civil Judge (Senior Division), Hisar, whereby the suit filed by the plaintiff had been decreed to the extent of alternative relief of refund of the earnest money, thereby decreeing the suit for specific performance as had been prayed for.
2. The applicant-appellant has filed CM-266-C-2024 seeking condonation of 1121 days’ delay in filing the appeal. It has been averred in the application that the suit filed by the plaintiff-respondent was decreed by Courts below exparte and as such, the applicant-appellant had no knowledge of the said fact. It has further been averred that the applicant-appellant came to know about the decision of the appeal by the first Appellate Court, only when the summons in the execution proceedings were issued against her.
3.
The court reaffirmed that a liberal interpretation of 'sufficient cause' for condonation of delay is essential to ensure substantial justice, allowing a non-pedantic approach to procedural matters.
The court held that for condoning delay under Section 5 of the Limitation Act, the party must demonstrate sufficient cause, with mere negligence or vague explanations failing to meet this burden.
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