Shobha Nath Verma vs . Satnam Singh
2022 Latest Caselaw 11845 HP

Shobha Nath Verma vs. Satnam Singh

.

CMP(M) No. 1716 of 2022

30.12.2022 Present: Mr. Sanjay Bhardwaj, Advocate for the applicant/appellant.

CMP(M) No. 1716 of 2022

This application has been filed for condonation of 13

days' delay in filing the appeal. Impugned judgment was passed on

9.6.2022, copy whereof was applied on 1.7.2022 and said copy was

ready on 31.8.2022. However, same was delivered and received on

17.9.2022.

As per provisions of Limitation Act, limitation to file the

appeal was to expire on 8th November, 2022, whereas appeal has been

filed on 21st November, 2022.

Learned counsel for applicants/appellants submits that the

applicants by counting limitation period from receipt/delivery of copy,

were under impression that appeal could be filed before 25 th November,

2022, therefore, they approached the counsel for filing the appeal after

8th November, 2022 but before 25th November. Taking note of expiry of

limitation period, immediately thereafter appeal was prepared and filed

along with application for condonation of delay.

For reasons explained in application, it appears that delay

was neither intentional nor willful but was for bonafide mistake as

appeal has been filed before 25th November, 2022, a wrongly calculated

last date for filing the appeal.

Considering it sufficient cause, delay of 13 days in filing

.

the appeal is condoned. Appeal be registered. Application stands

disposed of.

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