Union Of India v. Balak Ram & ORS

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LA.APP. 55/2016 UNION OF INDIA ..... Appellant Through:

Ms.

Jyoti Tyagi, Advocate for Mr.Yeeshu Jain, Advocate.

versus BALAK RAM & ORS ..... Respondents

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 22.08.2016 C.M. Appl. No. 9045/2016 (for condonation of delay of 81 days in filing the appeal, under Order 41 Rule 3A read with Section 151 CPC and Section 5 of Limitation Act) and C.M. Appl. No. 9047/2016 (for condonation of delay of 146 days in re-filing the appeal, under Section 151 CPC and Section 5 of Limitation Act) 1.

These are applications seeking condonation of delays of 81 days in filing and 146 days in re-filing the appeal. 2.

For the reasons stated in the applications, the same are allowed and delays are condoned.

3.

C.Ms. stand disposed of.

LA.APP. 55/2016 and C.M. Appl. No. 9044/2016 (for stay, under Order 41 Rule 5 CPC read with Section 151 CPC) 4.

Deficient court fee has not been made good.

LA.APP. 55/2016

5.

Counsel for the appellant says that this is because the appeal has no merits in view of the judgment of a learned Single Judge of this Court in the case titled as Jai Singh Vs. Union of India in LA. Appeal No. 266/2008 decided on 23.8.2011.

6.

Accordingly, since deficiency in court fee is not made good, this appeal is dismissed for non-prosecution. VALMIKI J. MEHTA, J AUGUST 22, 2016 AK LA.APP. 55/2016