Sudagar Singh And ANR v. Sain Dass Etc

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH RSA No.4774 of 2016 (O&M) Date of Decision.04.02.2019 Sudagar Singh and another ...Appellants Vs Sain Dass (now deceased) through LRs and others ...Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Rajeev Dev Sharma, Advocate for the appellants.

-.- AMIT RAWAL J. (ORAL) The only ground for seeking condonation of delay of 4110 days in filing of the appeal is that appellants were served in the suit but in the appeal, were proceeded ex parte, resulting into judgment and decree dated 25.11.2003.

The present appeal has been filed in 2016 seeking condonation of delay of 4110 days for the reason that they were not served in the appeal. Address given in the memo of parties before the trial Court and the lower Appellate Court vis-a-vis in this Court is identical, which fact has not been controverted. In such circumstances, the alleged explanation, in my view, is a lame excuse and therefore, cannot be a ground for seeking condonation of delay. In view of the aforementioned fact, no ground is made out for condonation of delay. The applications for seeking condonation of delay of 243 days in refiling and 4110 days in filing of the appeal are dismissed. Resultantly, the second appeal is also dismissed. (AMIT RAWAL) JUDGE February 04, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.02.05 17:33 I attest to the accuracy and integrity of this document