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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Bipin Chander Negi, J
Raj Kumar – Appellant
Versus
Joginder Pal – Respondent
| Table of Content |
|---|
| 1. application for delay in appeal. (Para 1 , 2) |
| 2. reasons for the appeal delay. (Para 3 , 4 , 5) |
| 3. judicial evaluation of appeal application. (Para 6 , 7 , 8) |
| 4. established principles on delay and limitations. (Para 13 , 14) |
| 5. court's decisive rationale regarding negligence. (Para 15 , 16 , 22) |
| 6. final decision on appeal application. (Para 24) |
Bipin Chander Nergi, Judge (oral).
The present application has been filed seeking condonation of doelay in filing the present appeal against the impugned judgment passed by the Courts below.
2. The appeal in the case at hand was decided by the First Aphpellate Court on 22.11.2019. Admittedly, the Regular Second Appeal, in the case at hand, has been filed before this Hon’ble Court on 20.09.2022, after a delay of 2 years 9 months and 16 Hdays.
3. In the application, it has been submitted that the copy of the judgment passed by the learned First Appellate Court was received on 06.01.2020. Thereafter, a counsel had been engaged in the High Court. It has been averred that counsel in the High Court was met by the applicant in January 2020 and on account of ensuing winter vacation, he had advised the applicant to come to Shimla in the f
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