Final Order 10

Order Details: COPY OF ORDER
Pdf Text: CA no. 63/2025
Suman Yadav v. Satender Kumar
31.01.2026
Present: None.
Matter is today fixed for judgment on appeal as well as
consideration on application seeking condonation of delay in filing of
appeal.
The impugned order dated 21.10.2024 and the present
appeal was preferred on 24.02.2025, outside the limitation period
which expired on 20.11.2024. It has been stated on behalf of the
appellant that appellant could not secure funds for filing of appeal
initially and when her previous neglected his duties in filing the
appeal, which has resulted in the delay.
On the other hand, the present application was opposed
vehemently by the respondent, stating that sufficiency of reason has
not been given to explain delay of each day after expiry of limitation
period. It has been further argued that appellant herself has been
committing violence against respondent and his family and therefore,
no leniency ought to be shown to the appellant.
Perusal of the record has shown that bank account
statements of the appellant are not of the nature as having sufficient
funds for the purpose of pursuing lengthy and contentious litigations.
Thus, the claim that initially time was consumed in appellant making
arrangements of funds for filing of appeal, appears to be true in the
present case. For this reason alone, the delay ought to be condoned in
favor of the appellant. As far as the claim of appellant committing
violence is concerned, then the same has no relation to condonation of
delay and can not be considered as a ground to dismiss the present
application.
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Page 2
Hence, in view of the above discussion, in the interest of
justice, the present application is allowed and delay in filing of the
present appeal is condoned.
Vide my separate judgment of even date, the present
appeal stands allowed.
Appeal file be consigned to Record Room after due
compliance. TCR be sent back to the concerned court along with copy
of the judgment.
(Deepti Devesh)
ASJ/Spl.FTC/PHC/31.01.2026
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