CS(OS) 178/2017

Page 1 of 23

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CS(OS)

178/2017

with

I.A.

2021/2019,

9146/2019,

12851/2019, 16241/2019, 1547/2020 & O.A. 21/2020

MRS. REKHA KAPOOR

..... Plaintiff

Through:

Mrs. Mala Goel and Ms.

Parvinder,

Advocates

(Ph.

9312401950).

versus

DR. PAWAN CHANDRA & ANR

..... Defendants

Through:

Mr. Prosenjeet Banerjee and

Ms. Samapika Biswal,

Advocates for D-1

(Ph.9406951592, e-mail:

samapikabiswal91@gmail.com)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

JUDGMENT

%

06.10.2022

MINI PUSHKARNA, J.

I.A. 1547/2020 (under Section 5 & 14 of Limitation Act read with

Section 151 of CPC for condonation of delay in filing the

Chamber Appeal)

1.

By this application under Sections 5 & 14 of the Limitation Act,

1963 read with Section 151 CPC, defendant no. 1/appellant herein

seeks condonation of delay in filing chamber appeal. It is the case of

defendant No.1/Appellant that there is a delay of 5 days in filing the

accompanying chamber appeal filed under Rule 5, Chapter – II of

Delhi High Court (Original Side) Rules, 2018.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004040

CS(OS) 178/2017

Page 2 of 23

2.

The chamber appeal has been filed by defendant no. 1 against

order dated 30.07.2019 passed by Joint Registrar. By the said order

dated 30.07.2019, ld. Joint Registrar has disposed of application filed

on behalf of plaintiff, being I.A. 5173/2019 under Order XXII Rule 4

CPC.

3.

Appellant/defendant no. 1 had earlier filed a chamber appeal

bearing O.A. No. 108/2019 against the aforesaid order dated

30.07.2019 passed by Joint Registrar. The first appeal, O.A. No.

108/2019 was filed on 19.08.2019 after a delay of 5 days. The said

appeal was disposed of as withdrawn vide order dated 21.01.2020

with liberty to file a fresh appeal within a period of two weeks. The

first appeal was withdrawn in view of objection of plaintiff/respondent

herein that said appeal contained averments post the first filing of the

said appeal. In view of addition of subsequent facts, the first appeal

was allowed to be withdrawn with liberty to file a fresh appeal. Thus,

it is the case of appellant that present appeal was filed on 30.01.2020

within the stipulated two weeks as granted by this Court vide order

dated 21.01.2020 and that there is delay of 5 days in filing the present

appeal that occurred at the time of filing of first appeal. Thus, it is

prayed that delay of 5 days in filing the appeal may be condoned.

4.

On the other hand, ld. Counsel for plaintiff/respondent herein

has vehemently opposed the application for condonation of delay on

the ground that delay ought to be counted from 14.08.2019, i.e., after

expiry of 15 days of the order dated 30.07.2019 passed by Ld. Joint

Registrar to 30.01.2020, when the present chamber appeal was filed.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004040

CS(OS) 178/2017

Page 3 of 23

Thus, as per plaintiff/respondent herein the delay in filing present

appeal is not merely 5 days, but much more as the present appeal is

against order dated 30.07.2019 passed by Joint Registrar. Further, it is

submitted that provisions of Section 5 and Section 14 of the

Limitation Act will not be applicable in the present case, since

provisions of Section 14 would apply only in case where the earlier

proceedings were being pursued in a wrong forum. Thus, it is

contended that appellant has to seek condonation right from

14.08.2019 when limitation to file appeal expired in the first instance

till 30.01.2020, when the present chamber appeal was filed.

5.

A perusal of record shows that first appeal being