Delhi High Court
Vijay Kapoor vs The High Court Of Delhi on 30 August, 2019
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision : 30th August, 2019
+ LPA 552/2019 and CM Nos. 38666-38667/2019
VIJAY KAPOOR ..... Appellant
Through: Mr. Chetan Lokur and
Mr. Nitish Chaudhary, Advs. with appellant
in person
versus
THE HIGH COURT OF DELHI ..... Respondent
Through: Ms. Uri Mohan for Mr. Sanjoy
Ghose, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 30.08.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM No. 38666/2019 (condonation of delay)
1. This application has been preferred under Section 5 of the
Limitation Act, 1963, for condonation of 60 days delay in re-filing the
appeal.
2. Having heard learned Counsels for both sides and looking to the
reasons stated in this application, there are reasonable reasons for
condoning the delay. We, therefore, condone the delay in re-filing the
appeal.
3. The application is allowed and disposed of.
CM No. 38667/2019 (exemption)
4. Exemption allowed, subject to all just exceptions.
5. The application is disposed of.
LPA 552/2019
6. This Letters Patent Appeal has been preferred by the original
petitioner whose W.P.(C) 5380/2019 was dismissed by the learned
Single Judge vide order dated 17th May, 2019 wherein the prayer of
this appellant seeking direction of holding official inquiry in respect of
tampering of a document dated 11th August, 2004 was not accepted by
this Court. This appellant is the power of attorney holder of the
original plaintiff who is challenging legality of a document presented
in suit, after suit is decided, First Appeal is decided and after S.L.P. is
decided.
7. Having heard counsel for the appellant and looking to the facts
and circumstances of the case, it appears that Civil Suit being CS(OS)
100/2010 was decided by this Court vide judgment and decree dated
19th August, 2015.
8. Against the aforesaid judgment and decree dated 19th August,
2015 in CS(OS) 100/2010, First Appeal was preferred and thereafter
SLP was also preferred and the same were dismissed. Thus, the
judgment and decree dated 19th August, 2015 passed in CS(OS)
100/2010 has attained its finality. Thus legality of a document
presented in a suit, cannot be challenged, after First Appeal and S.L.P.
are finally disposed of.
9. It further appears from the facts of the case that Smt. Seema
Thakur is the original plaintiff and Gopi Chand is the original
defendant. The defendant, Gopi Chand had made a declaration that
document dated 11th August, 2004 was fabricated and on the basis of
said statement of the defendant, the suit was decreed.
10. It appears from the facts of the case that after a long delay from
the date of the disposal of the CS(OS) 100/2010, W.P.(C) 5380/2019
has been instituted by the power of attorney holder of the original
plaintiff-Smt. Seema Thakur. Moreover it further appears from the
facts of the case that against the judgment and decree dated 19 th
August, 2015 in CS(OS) 100/2010, First Appeal was preferred, which
was dismissed. SLP was also preferred and the same was also
dismissed. Thus, the plea which is raised by this appellant in W.P.(C)
5380/2019 is at a much belated stage, and same could have been
raised earlier in the First Appeal or in the SLP. These aspects of the
matter have been properly appreciated by the learned Single Judge
while deciding W.P.(C) 5380/2019 by the order dated 17th May, 2019.
11. We are in full agreement with the reasons given by the learned
Single Judge and hence we see no reason to entertain this Letters
Patent Appeal. Accordingly, the same is hereby dismissed.
CHIEF JUSTICE
AUGUST 30, 2019/kr C. HARI SHANKAR, J.
