High Court Punjab-Haryana High Court

Smt.Anju And Others vs Azad Singh And Others on 15 October, 2009

Punjab-Haryana High Court
Smt.Anju And Others vs Azad Singh And Others on 15 October, 2009
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                          F.A.O.No.4473 of 2008 (O&M)
                          Date of Decision 15.10.2009

Smt.Anju and others
                                                    ...... Appellants

                          VERSUS

Azad Singh and others
                                                    ...... Respondents

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:     Mr.Rajbir Sehrawat, Advocate,
             for the appellants.

                          *****

A.N.JINDAL, J(ORAL):

Aggrieved against the order dated 17.01.2007, passed by Motor
Accident Claims Tribunal, Rohtak, dismissing the claim petition of the
appellants-claimants (herein referred as ‘the petitioners’), they have
preferred this appeal. This appeal, being time barred is accompanied by an
application for condonation of delay of 406 days in its filing.

The grounds, as set up by the appellants for condoning the
delay, could not be said to be sufficient. The delay of few days or few hours
could be condoned but this long delay of more than one year could not be
condoned on flimsy grounds. If such delay is condoned after ignoring the
law of limitation, it would completely wipe out the intention of the
provision of Limitation Act and would send wrong signals to the society
that any stale litigation could be entertained at any time.

Resultantly, the application is dismissed. Consequently, the
appeal also fails.

(A.N.Jindal)
Judge
15.10.2009
mamta-II