Office Notes, reports, orders SL. or proceedings Date COURT’S OR JUDGES’S ORDERS No or directions and Registrar’s order with Signatures WPMS 1997/ 2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Harsh Vardhan Dhanik, Advocate, for the petitioner.

Mr. Nikhil Singhal, Advocate, for the respondent no. 1.

(2) Petitioner has challenged order dated 31.5.2023, passed by 5^th Additional District Judge, Haridwar in Miscellaneous Case No. 192 of 2022. By the said order, petitioner’s application for condonation of delay in filing regular first appeal under Section 96 CPC was rejected on the ground that sufficient cause has not been shown for condoning the delay of 346 days.

(3) Mr. Nikhil Singhal, learned Counsel appearing for the respondent no. 1, has referred to a judgment of Hon’ble Supreme Court, rendered in the case of Shyam Sundar Sarma v. Pannalal Jaiswal, reported in (2005) 1 SCC 436. Para 11 and 12 of the said judgment are reproduced below:

“1. Learned counsel for the appellant relied on the Full Bench decision of the Calcutta High Court in Mamuda Khateen v. Beniyan Bibi to contend that an order rejecting a time-barred memorandum of appeal consequent upon refusal to condone the delay in filing th