SUDEEPTI SHARMA, J. (Oral)

1. The present appeal has been filed after the delay of 680 days against judgment and decree dated 06.12.2023 passed by learned Additional District Judge, Rohtak, whereby, appeal filed by the State against judgment and decree dated 19.10.2022 passed by learned Additional Civil Judge (Senior Division), Rohtak was dismissed.

CM-355-C-2026

2. The present application under Section 151 of the Code of Civil Procedure, 1908 is filed for condonation of delay of 680 days in filing the present appeal.

3. Learned counsel for the appellants contends that delay of 680 days in filing the present appeal is not intentional but procedural. He, therefore, prays that since the delay is procedural due to departmental formalities and not intentional, the same be condoned.

4. I have heard learned counsel for the applicants-appellants at length and, with his able assistance, carefully perused the whole file of this case.

5. Before examining the merits of the present application, it is pertinent to note the settled position that delay is not to be condoned as a matter of generosity or benevolence; the pursuit of substantial justice cannot come at the cost of prejudice to the opp