Order 3

Order Details: COPY OF ORDER
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28 RCA DJ 77/24
MS. SULATANI BEGUM (SINCE DECEASED)AND ORS. Vs.
Dilshad Ahmad
10.12.2024
(Regular Second PA is on leave today and no substitute has been
provided by the Admin. Branch in her place.)
Present : Sh. A. K. Suri and Sh. Ankit Kansal, Ld. Counsel for
Appellant.
Smt. Shagufta, wife of Respondent along with Intern for
the main counsel for Respondent.
It is 11.50 AM and wife of Respondent seeks pass over till
12.30 PM for the appearance of her Advocate.
Be awaited.
District Judge-03 (Shahdara),
KKD Courts, Delhi.
At 12.30 PM.
Present : Sh. A. K. Suri, Ld. Counsel for Appellant.
Smt. Shagufta, wife of Respondent along with Ld. counsel
Sh. S. D. Sharma.
Arguments heard on application of appellant under Section
5 of the Limitation Act for condonation of delay in filing the appeal.
Ld. Counsel for Appellant submits that the
Appellant/Plaintiff has filed a review application before the ld. trial
court which was dismissed vide Order dated 04.06.2024. Ld. counsel
further submits that there were summer holidays from 08.06.2024 till
30.06.2024 and the Appellant/Plaintiff/Applicant had gone native place
at Amroha, UP and therefore, the appeal cannot be filed in time. Ld.
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counsel further submits that from the date of dismissal of review
application, there is only delay of one day in filing the appeal.
Ld. counsel for respondent has opposed the application by
stating that Appellant has intentionally filed the review against the
Judgment dated 11.10.2023, which was dismissed and appeal was filed
later on. He submitted that there is delay of 239 days in filing the
present appeal.
I have perused the record.
It has not been denied by the ld. counsel for respondent that
the review application was filed by the Appellant/Plaintiff, which was
dismissed on 04.06.2024. The present appeal was e-filed on
06.07.2024. Thus there is delay of only one day. It is settled law that
application under Section 5 of the Limitation Act has to be considered
liberally. Considering the fact that review application before the ld. trial
court was dismissed on 04.06.2024 and thereafter, there were summer
vacations in the Court and the appeal has been filed on 06.07.2024, the
Appellant has shown sufficient cause for not filing the appeal within the
prescribed period. As such, the delay in filing the appeal is hereby
condoned and the application is disposed off.
Ld. Counsel for Appellant submits that he does not wish to
file rejoinder to the Reply of appeal filed by the Respondent.
Put up for arguments on appeal on 17.02.2025.
(MOHAMMAD EHTESHAM)
District Judge-03 (Shahdara),
KKD Courts, Delhi.10.12.2024.
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