Kela Devi v. State Of Haryana & ANR.
RSA No.5780 of 2016 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.5780 of 2016 (O&M) Date of Decision.25.03.2019 Kela Devi ...Appellant Vs State of Haryana and another
...Respondents
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL
Present:
Mr. Nitish Garg, Advocate for the appellant.
-.- AMIT RAWAL J. (ORAL) C.M. No.15162-C of 2016 For the reasons stated in the application, delay of 25 days in re-filing of the appeal is condoned.
Application is allowed.
C.M. No.15164-C of 2016 In view of the decision taken in the main appeal, the application for filing the appeal as indigent person is dismissed. RSA No.5780 of 2016 (O&M) The point involved in the present appeal is whether the suit of the plaintiff filed in 2012 claiming damages to the tune of Rs.7 lakhs on account of negligence on behalf of defendant No.2 in performing operation in 2001, in the absence of negligence was maintainable, the answer would be 'no'.
Learned counsel for the appellant submitted that the earlier suit filed was withdrawn in 2008 but no explanation has come forward for filing the suit in 2012. The limitation for filing the suit claiming damages on account of malicious prosecution is one year. PANKAJ KUMAR 2019.03.29 12:16 I attest to the accuracy and integrity of this document
RSA No.5780 of 2016 (O&M) -2The appeal is also accompanied by application for condonation of delay of 160 days in filing of the appeal. The explanation given is not plausible and bona fide. In view of such circumstances, I do not find any illegality and perversity in the concurrent finding of fact rendered by courts below, much less, no substantial question of law arises for determination by this Court. No ground for interference is made out. Resultantly, the second appeal is dismissed both on the grounds of delay and merit.
(AMIT RAWAL) JUDGE March 25, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.03.29 12:16 I attest to the accuracy and integrity of this document