Satish Kumar Bhakri vs Mukesh Marwaha
2014 Latest Caselaw 5680 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: 11th November, 2014

+      RSA 326/2014
       SATISH KUMAR BHAKRI                                 ..... Appellant
                    Through:             Mr. Sanjeev Singh, Advocate
                          versus

       MUKESH MARWAHA                                       ..... Respondent
                  Through:               Nemo.

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% ORAL

C.M.No.18364/2014 (u/S 151 CPC)

Allowed subject to all just exceptions.

CM No. 18367/2014 (u/S 5 of Limitation Act & Sec.151 CPC)

The delay of 10 days' in re-filing the accompanying appeal is

condoned for the reasons stated in the application.

The application is disposed of.

RSA No. 326/2014 & C.M.No.18365/2014 (for stay) & CM No. 18366/2014 (delay)

A bare perusal of the application seeking condonation of delay

RSA No.326/2014 Page 1 reveals that appellant had earlier filed a second appeal which was dismissed as not pressed on 30th May, 2014 and a bare perusal of the aforesaid order reveals that no liberty was granted to the appellant to file a fresh second appeal.

In view of the aforesaid, this second appeal is not maintainable and is otherwise also barred by limitation as there is no explanation for the delay occasioned.

This second appeal and application are dismissed as not maintainable.

                                                        (SUNIL GAUR)
                                                          JUDGE

NOVEMBER 11, 2014
mb




RSA No.326/2014                                                      Page 2