High Court Punjab-Haryana High Court

Smt. Maninder Kaur vs Smt. Gurpreet Kaur And Others on 27 March, 2009

Punjab-Haryana High Court
Smt. Maninder Kaur vs Smt. Gurpreet Kaur And Others on 27 March, 2009
R.S.A. No. 1612 of 2008 (O&M)
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    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH


                              R.S.A. No. 1612 of 2008 (O&M)
                              Date of decision: 27.03.2009


Smt. Maninder Kaur
                                                                ....Appellant


                    Versus


Smt. Gurpreet Kaur and others
                                                          ....Respondents

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - Mr. Amit Rawal, Advocate,
           for the appellant.

          Mr. Sandeep K. Sharma, Advocate,
          for the respondents.

                    *****

VINOD K. SHARMA, J (ORAL)

C.M. No. 5090-C of 2008

This is an application under Section 5 of the Limitation Act for

condoning the delay of 111 days in filing the present appeal.

The ground taken for condoning the delay is that the

applicant/appellant was suffering from spondilitis and joint pain and,

therefore, was unable to move. It is the case of the appellant/applicant

that the counsel could not be contacted within the period of limitation.

In support of pleading, a medical certificate from registered medical

practitioner has been placed on record showing that a rest of 104 days

was advised from 20.3.2007 to 1.7.2007.

The reading of the averments made in the application does not
R.S.A. No. 1612 of 2008 (O&M)
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make out a sufficient cause for condoning the delay of 111 days in filing

the appeal.

The application is opposed by the learned counsel for the

respondents on the plea that there is no possibility of a person being

advised a rest of 104 days, as claimed for tratment of spondilitis. It is

further the contention of the learned counsel for the respondents that the

plea has been raised merely to cover up the delay, and no authenticity

can be attached to such certificate, which is contrary to medical

jurisprudence.

On consideration of the matter, I find force in the contentions

raised by the learned counsel for the respondent/non-applicants. The

ground taken for condoning the delay of 111 days in filing the appeal

cannot be accepted, as the pleas raised do not make out sufficient cause.

Consequently, the C.M. is ordered to be dismissed.

R.S.A. No. 1612 of 2008

Keeping in view that the application for condonation of delay

in filing the appeal has been dismissed, the appeal is dismissed as time

barred.


                                                  (Vinod K. Sharma)
March 27, 2009                                          Judge
R.S.