Lachman Ram v. Ladi @ Devinder & ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH RSA No.5344 of 2016 (O&M) Date of Decision.07.12.2018 Lachman Ram ....Appellant Vs Ladi alias Devinder and others

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Subhashish Kukreti, Advocate for the appellant.

-.- AMIT RAWAL J. (ORAL) C.M. No.13889-C of 2016 For the reasons stated in the application, delay of 51 days in re-filing of the appeal is condoned.

Application is allowed.

RSA No.5344 of 2016 The short point involved in the present case is whether in pursuance to the agreement to sell dated 16.07.1998 having stipulated date as 01.02.1999 while pursuing the criminal proceedings against the father of the plaintiff, can file the suit beyond three years when the time was not essence of the agreement. Concededly, the suit has been filed on 31.01.2009 after almost 10 years. In such circumstances, finding of fact and law arrived at by the Courts below dismissing the suit on the aforementioned ground cannot be faulted with. No ground for interference is made out. The second appeal is dismissed. (AMIT RAWAL) JUDGE December 07, 2018 Pankaj* Whether Reasoned/Speaking Yes/No Whether Reportable Yes/No PANKAJ KUMAR 2018.12.11 16:42 I attest to the accuracy and integrity of this document