Order 7

Order Details: COPY OF ORDER
Pdf Text: 1
CA No. 28/2025
Dr. Satya Pal Singh Vs. The State & Ors.
24.07.2025
Present: Sh. Gaurav Thakur and Sh. Nitin Verma,
Ld. Counsels for the appellant.
Sh. F. M. Ansari, Ld. Addl. PP for the State
/Respondent no.1.
Respondent no. 2 in person with Ld. Counsel,
Sh. Surender Kumar Parihar.
1. The case is listed for hearing arguments on the
application under Section 5 of Limitations Act filed on behalf of
the appellant.
2. Ld. Counsel for the appellant has submitted that
there is delay of about one month in filing of the present appeal
and submitted that the impugned order was passed on 24.01.2025
by Ms. Isra Zaidi, Ld. JMFC, North-East District, Karkardooma
Courts, Delhi. Thereafter, he applied for certified copy of the
impugned order and same were received to him on 11.02.2025
i.e. after about 15 days of the impugned order and submitted that
the appellant could not file the present appeal against the
impugned order within the prescribed period. He has also
submitted that the delay in filing the present appeal is neither
intentional, nor deliberate and prayed for allowing the present
application, in the interest of justice.
3. Ld. Counsel for the respondents has filed fresh
vakalatnama on behalf of the respondent no. 2 & 3, however, he
has not filed any reply to the application under Section 5 of
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Limitations Act. He has submitted that no ground for
condonation of delay is mentioned in the application and it has
also not been mentioned as to when the certified copy of the
impugned order was applied and submitted that no justification
/explanation has been given in the application for not filing the
present appeal within the prescribed period of limitation.
4. I have given thoughtful consideration to the
submissions made by Ld. Counsel for the appellant and Ld.
Counsel for the respondents and perused the record.
5. Perusal of the record reveals that the appellant has
filed the present appeal on 05.03.2025 against the impugned
order dated 24.01.2025. There is delay of about 9 days in filing
of the present appeal.
6. In Shreenath & Anr. Vs. Rajesh & Ors., AIR 1998
SC 1827, it was held:
“In interpreting any procedural law, where more
than one interpretation is possible, the one which
curtails the procedure without eluding the justice is
to be adopted. The procedural law is always
subservient to and is in aid to justice. Any
interpretation which eludes or frustrates the recipient
of justice is not to be followed”.
7. It is now well settled that the rules of procedure are
intended to be a handmaid to the administration of justice and
they must, therefore, be construed liberally and in such manner
as to render the enforcement of substantive rights effective; so far
as possible, no proceedings in a court of law should be allowed
to be defeated on mere technicalities. Meaning thereby, a “hyper-
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technical view” should be avoided by the court.
8. Admittedly, law of limitation is a procedural law
and a procedural law is always in aid of justice, not in
contradiction or to defeat the very object which is sought to be
achieved. A procedural law is always subservient to the
substantive law. Nothing can be given by a procedural law what
is not sought to be given by a substantive law and nothing can be
taken away by the procedural law what is given by the
substantive law.
9. So, taking into consideration the submissions made
by the Ld. Counsel for the appellant, this court is inclined to hold
that sufficient cause has been shown by the appellant for
condonation of delay, so, the application U/sec. 5 of the
Limitation Act for seeking condonation of delay in filing of the
present appeal is allowed and the delay in filing of the present
appeal is condoned of, but, subject to cost of Rs.1000/- to be
given to the respondents.
10. Accordingly, the application u/s. 5 of the Limitation
Act stands disposed of, as, allowed.
11. Now, put up for hearing arguments on the appeal on
01.09.2025.
(PUNEET PAHWA)
Special Judge (NDPS)/Addl. Sessions Judge/
North East/KKD Courts/Delhi/24.07.2025
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