$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 175/2024, CM APPL. 57138/2024 (for interim relief), CM APPL. 57142/2024 (for additional documents), CM APPL.

62486/2024 (for additional documents)

SH. JAYANT PRAKASH CHAUHAN .....Appellant Through: Ms Aditi Gupta, Ms. Lavanya Bhardwaj, Ms Anjali Choudhary, Advocates.

versus SMT. KUSUM RANI BAGRI & ORS. .....Respondents Through: None CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 16.01.2026 CM APPL.57141/2024 (for condonation of delay)

1. Application under Section 5 of the Limitation Act, 1963 has been filed on behalf of the Applicant/Appellant for condonation of delay in filing the 424 days in filing the accompanying Appeal. It is submitted in the Application that the RCA No. 11/2018 was decided by the learned District Judge on 31.03.2023 whereby the Judgment of the Civil Court dated

04.09.2017 in a Suit for Permanent Injunction, was reversed.

2. It is further submitted that from 31.03.2023, the Appellant had 90 days to file the Appeal against the impugned Judgment, which expired on 30.06.2023. However, due to the medical situation of the Appellant and his wife, he was unable to file the Appeal within the period of limitation, leading to a delay of 424 days.

3. The delay has been explained by claiming that the wife was unwell for long duration and the Appellant was unable to prosecute the matter in time. They had met the Legal Aid Counsel and had requested for requisitioning of the records from the Record Room of the learned Trial Court, which was received sometime in August, 2023, through Legal Aid Office.

4. The wife of the Appellant was suffering from stones in Gall Bladder, sodium deficiency and other ailments, for which she was undergoing treatment from October, 2023. In June, 2024, she underwent cataract surgery. The Appellant also underwent eye treatment in 2023 and eye surgeries at AIIMS. He was also undergoing treatment for his heart ailment, which is continuing till now. Copies of the medical documents are annexed along with the Application.

5. Owing to their medical procedures/hospitalisation in 2023-2024, they could not follow up and get the Appeal filed in time.

6. Also, the Appellant was unable to arrange for the complete papers and the documents of the learned Trial Court, which resulted in delay in preparation and finalisation of the Appeal. It is submitted that the delay of

424 days, has occurred on account of aforesaid circumstances.

7. A prayer is made that this delay be condoned and the accompanying Appeal be considered.

8. Learned counsel for the Respondent has vehemently opposed this Application on the ground that it does not disclose sufficient reasons. vague grounds of medical health of the Appellant and his wife, have been taken, which cannot be considered sufficient for such inordinate delay. A prayer is, therefore, made that the Application may be dismissed.

Submissions heard and the record perused.

9. It cannot be overlooked that the Appellant had approached the Legal Aid since he was not having a capacity to engage a personal lawyer for filing of the Appeal. His age and his medical treatment over a period of time coupled with that of his wife cannot be overlooked. It needs no reiteration that the procedural laws must not be resorted to defeat the substantive rights of the parties.

10. Considering the age, the ailments and the financial background of the Appellant, it is held that there is sufficient reason to condone the delay of

424 days, which is hereby delayed.

11. The Application is allowed and disposed of accordingly.

RSA 175/2024

12. Be listed for arguments on 20.07.2026.

13. E-Trial Court Record be summoned for the said date.

14. Written Submissions be filed by both the parties within eight weeks with copy to the opposite counsel failing which the same shall be accepted subject to cost of Rs.25,000/- to be deposited with the Delhi High Court Advocates’ Welfare Trust.

NEENA BANSAL KRISHNA, J JANUARY 16, 2026/RS