← Library
High Court of Punjab and HaryanaCR/7626/2019dismissed

Paramjit Kaur v. Harvinderjit Kaur And Others

2019-11-29Mrs. Justice Manjari Nehru Kaul2 pages

CR-7626-2019 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-7626-2019 Date of Decision : 29.11.2019 Paramjit Kaur ......................................................Petitioner

VERSUS

Harvinderjit Kaur and others......................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

Present:

Mr. Jagjit Singh, Advocate for the petitioner.

...

MANJARI NEHRU KAUL, J. (Oral) Prayer in the present petition is for setting aside the impugned order dated 06.08.2019 (Annexure P2) whereby the learned Additional District Judge, Kapurthala, dismissed the appeal filed with the application for condonation of delay on the ground of limitation against order dated 18.01.2018 annexed herewith as Annexure P1.

I have heard the learned counsel and perused the impugned order.

A perusal of the impugned order comes across as a well reasoned one which does not warrant any interference. Though it has been submitted that the delay of 192 days in filing the appeal was due to the petitioner's ill health and her inability to arrange for the requisite court fee, a perusal of the impugned order however reveals that Paramjit Kaur, who appeared as AW1, herself categorically admitted in her cross-examination RUPINDER KAUR 2019.11.29 16:48 I attest to the accuracy and integrity of this document

CR-7626-2019 [ 2 ] that she had been appearing before the lower court for about 5-6 years on different dates and had been also meeting her counsel on various dates who had told her to bring the court fee for filing the appeal. It goes without saying that the petitioner was thus well aware of the passing of the judgment and decree dated 18.01.2018. Thus in the absence of any documentary evidence much less medical evidence in support of her illness to substantiate her averments, the instant revision is bereft of any merits. Dismissed in limine.

( MANJARI NEHRU KAUL ) JUDGE 29.11.2019 rupi Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2019.11.29 16:48 I attest to the accuracy and integrity of this document