Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No. 195/2025
Ritu Kankra Vs. Anju Kankra
12.03.2026
Present: Sh. Rajiv Tehlan, Ld. Counsel for the appellant.
Sh. Satish Sangwan, Ld. Counsel for the respondent.
Arguments heard on the application under section 5 of
Limitation Act for condonation of delay in filing the present
appeal.
Put up for orders at 04.00 p.m.
(VANDANA)
Addl. Sessions Judge-02(North)
Rohini Courts Delhi
12.03.2026
at 04.00 p.m.
Present: None
The impugned order is of dated 28.06.2025, vide
which, the accused / respondent was acquitted and the appeal was
filed on 09.10.2025.
The above said application has been filed on the
ground that the certified copy of the impugned order was
received on 22.07.2025. It is further submitted by the counsel for
the appellant that no appeal was advised by the previous counsel,
however, when she sought the second legal opinion from the
present counsel, then only, the appellant moved an application for
obtaining the certified copies of the impugned order, which was
received on 22.07.2025. Thereafter, certified copy of the case file
was applied and she received on 19.09.2025. It has been further
contd…..
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stated that the time consumed in seeking fresh legal advise and
for obtaining certified copy, hence, prayer is made to condone the
said delay.
It is argued by Ld. Counsel for the respondent that
the grounds taken for condonation of delay are vague and there is
settled law that accused/appellant has to explain delay of each
and every date, in which the appellant has remained failed.
Arguments heard. Case file perused.
There are number of judgments of the superior courts,
expressing that every efforts should be made to adjudicate the
matter on merits. Considering the above as well as keeping in
mind the Principles of Natural Justice and the reasons as
mentioned in the application under Section 5 of the Limitation
Act seeking condonation of delay in filing the appeal, application
is allowed subject to cost of Rs.8000/- payable to the opposite
party.
Put up for arguments on appeal on 20.04.2026.
(VANDANA)
Addl. Sessions Judge-02(North)
Rohini Courts Delhi
12.03.2026
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