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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Bakshish Singh – Appellant
Versus
Nachhattar Kaur – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
CM-11747-C-2023
For the reasons given in the application, the same is allowed and the applicant/appellant is permitted to make good the deficiency in payment of Court fee.
CM-11748-C-2023 and
RSA-3287-2023
This is plaintiff’s appeal against the concurrent judgments and decrees dated 19.02.2014 and 30.08.2016 passed by the Courts of Civil Judge (Jr. Division), Malerkotla and Additional District Judge, Sangrur, whereby the suit for possession, permanent injunction and declaration filed by the appellant/plaintiff, was dismissed.
2. The applicant-appellant has filed CM-11748-C-2023 seeking condonation of 2464 days’ in filing the appeal. It has been averred in the application that the applicant-appellant was suffering from various ailments and that he had been under the impression that the period of limitation would start running from the day when certified copy of the judgment and decree passed by the first Appellate Court was delivered to him i.e., 09.08.2023. It is further asserted that the applicant-appellant had no knowledge of the passing of the judgment and decree by the first Appellate Court and that he came to know about it only in June, 2023 and after t
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 emphasized that sufficient cause for delay in filing an appeal must be adequately justified, and negligence or lack of bona fides can bar condonation.
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.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
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