Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: RCT ARCT 43/25
HATKESHWARNATH NAGAR BRAHMAN MANDAL (REGD.)
Vs. SANJAY
03.09.2025
Present : Sh. Vinay Mishra alongwith Sh. Anand Nagar, Ld.
Counsel for the appellant.
Sh. Manish Kumar, Ld. Counsel for the respondent.
An application under Section 5 of the Limitation Act for
condoning the delay of 54 days in filing the present appeal.
It is submitted that due to the non-cooperation of the
previous Ld. Counsel, the appeal could not be filed in time and
therefore, it is prayed that in the interest of justice, same may be
allowed.
Per contra, Ld. Counsel for the respondent vehemently
opposed the present application on the ground that there is no cogent
reason to allow the present application as the conduct of the appellant
was negligent and therefore, the delay cannot be condoned merely on
the reason that the previous Ld. Counsel did not cooperate the
appellant.
Heard.
Though, it is a settled law that the non-cooperation and
the negligence of the previous counsel is not a ground to condone the
delay but at the same time this Court is conscious enough of the fact
that every lis deserves to be adjudicated on merits rather then dismiss
the same on the ground of non-compliance of technical formalities.
Subject to cost of Rs. 1000/- (to be paid to the
respondent), the application under Section 5 of the Limitation Act for
condoning the delay is allowed and the delay in filing the present
appeal is condoned.
Contd…… 1/2
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RCT ARCT 43/25
HATKESHWARNATH NAGAR BRAHMAN MANDAL (REGD.)
Vs. SANJAY
03.09.2025
Reply to the present appeal filed by the respondent.
Same is supplied to the appellant.
Ld. Counsel for the appellant sought an opportunity to
go through the same.
Heard. Granted.
TCR be requisitioned at least 3 days prior to the next
date of hearing.
Relevant case laws, if any, be filed by the parties with
supply of advance copy of the same to the opposite side at least 15
days before the next date of hearing.
Be listed for arguments on present appeal on 26.11.2025.
The date has been given as per the convenience of Ld.
Counsel for the parties.
(Sandeep Kumar Sharma)
DJ-02/CENTRAL/THC
DELHI-03.09.2025
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