Lekh Raj v. Chhvi Nandan Singh

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 582/2016, CM Nos.29144/2016(stay) and 29146/2016(delay) LEKHRAJ ..... Appellant Through Mr. Aman Preet Singh Rahi, Adv.

with the appellant in person versus CHHVI NANDAN SINGH ..... Respondent Through Mr. Vijay Kinger and Mr. S.C.

Kashyap, Advs.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 20.02.2017 1.

The present appeal was filed by the appellant on 3.8.2016, against the impugned judgement and decree dated 30th May, 2015. 2.

The appellant has filed CM No.29146/2016 praying inter alia for condonation of delay of 28 days in filing the accompanying appeal. Till date, a certified copy of the impugned judgment dated 30th May, 2015 has not been filed.

3.

Pertinently, at the time of filing the appeal, the appellant had filed an application for seeking exemption from filing certified copies of the documents/annexures to the appeal (CM No. 29145/2016). Vide order dated 10th August, 2016, the said application was allowed subject to all just exceptions.

RFA 582/2016 Page 1 of 2

4.

Learned counsel for the appellant concedes that till date, he had not even applied to the Copying Agency for obtaining a certified copy of the impugned judgment and decree.

5.

When the appellant has not even taken steps to apply to the Copying Agency for obtaining a certified copy of the impugned judgment and decree, there is no question of condoning any delay.

6.

In view of the above, this Court has no option but to dismiss the present appeal along with all pending applications as being barred by limitation.

HIMA KOHLI, J FEBRUARY 20, 2017 sd/mk RFA 582/2016 Page 2 of 2