IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

229 RSA-4331-2015(O&M)

Date of decision: 06.04.2026 Pawan Kumar & Another ...Appellant(s)

Vs.

Ashok Kumar (since deceased) through LRs & Anr ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Ramesh Sharma, Advocate for the appellants.

Mr. Prateek Mahajan, Advocate Mr. Kunal Soni, Advocate for the respondent.

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NIDHI GUPTA, J.

CM-10433-C-2015 This is an application under Section 151 of CPC for condonation of delay of 1312 days in re-filing the appeal.

The reason mentioned by the applicant-appellant for condonation of such inordinate delay in re-filing the present appeal is that:-

“3… … …The appellant No.1 also suffered with the fever of typhoid and he could not be recovered from the said fever of typhoid and the appellant No.1 used to get medicines from desi hakims, however for ¾ years the appellant No.1 continuously suffered with the typhoid and therefore he could not keep in his mind that he was called by the counsel to get the appeal refiled. Even though the counsel for the appellants informed regarding refiling of the appeal, however due to the circumstances narrated above, the appellant No.1 could not contact the