High Court of Punjab and HaryanaCR/3999/2013dismissed

Kamlesh v. Baldev Singh & ANR

2015-01-23Mr. Justice R.P. Nagrath2 pages

VINOD KUMAR 2015.01.29 11:26 I attest to the accuracy and authenticity of this document Chandigarh CR No.3999 of 2013 [ 1 ] ****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No.3999 of 2013 Date of decision:23.01.2015 Kamlesh

...Petitioner

Versus

Baldev Singh and another

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Ajay Ghangas, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The petitioner has challenged the order dated 12.03.2012 passed by the Additional District Judge, Ambala, dismissing his application for condonation of delay in filing of the appeal. The suit of the plaintiff was dismissed on 04.03.2011 which was challenged in appeal on 03.08.2011 along with an application for condonation of delay.

Counsel for the petitioner has argued that the petitioner is an illiterate lady and was not aware of the period of limitation to file the appeal. He has also argued that counsel for the petitioner did not inform her about the judgment and decree having been passed against her by the trial Court, therefore, the delay has occurred.

I have heard learned counsel for the petitioner and examined

VINOD KUMAR 2015.01.29 11:26 I attest to the accuracy and authenticity of this document Chandigarh CR No.3999 of 2013 [ 2 ] **** the record.

The property involved in the suit of the plaintiff is claimed to be ancestral having been received from her maternal side, therefore, the suit was dismissed. No sufficient ground has been given as to why the delay has occurred except blaming the advocate, who had appeared on behalf of the petitioner, that he did not inform her about the judgment and decree passed by the trial Court.

In view thereof, there is hardly any reason for this Court to interfere in the impugned order.

Dismissed.

January 23, 2015 (Rakesh Kumar Jain) vinod* Judge