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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Baltej Singh Dhillon – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
CRM-13183-2019
1. The present application has been filed on behalf of the applicant-petitioner seeking condonation of delay of 109 days in filing the accompanying revision petition. The main revision petition has been filed impugning the judgment dated 15.09.2018, passed by the learned Additional Sessions Judge, Kapurthala dismissing the appeal preferred by the State of Punjab, acquitting the respondent No.2 from the charges. The applicant-petitioner, by way of instant revision petition, impugns the abovesaid judgment.
2. Learned counsel appearing for the applicant-petitioner, while seeking grant of prayer for condonation of delay of 109 days, has argued that the applicant-petitioner had applied for the certified copies of the impugned judgment well within the prescribed period. However, due to an inadvertent and bona fide error, the trial court record was misplaced, which resulted in the delay in filing the present revision petition. The delay was neither intentional nor deliberate. The applicant–petitioner has now been able to reconstruct the trial court record, and consequently, the present revision petition has been filed without any further delay. It has
The court emphasizes that a delay in filing a petition must be justified with sufficient cause, and mere claims without evidence will not suffice.
A liberal approach to condonation of delay under Section 5 of The Limitation Act requires a reasonable explanation; mere administrative delays are insufficient.
A liberal approach to condonation of delay under Section 5 of The Limitation Act requires a reasonable explanation; negligence or lack of diligence by the applicant can lead to dismissal.
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