Punjab Agro Food Grains ... vs Pirthi Singh Thru His Lrs
2023 Latest Caselaw 11494 P&H

            108        IN THE HIGH COURT OF PUNJAB AND HARYANA
                                       AT CHANDIGARH

                                          CM-11984-C-2019, CM-11985-C-2019 and CM-
                                                 11986-C-2019 in/and RSA-4275-2019
                                                   Date of Decision: August 01, 2023

            PUNJAB AGRO FOOD GRAINS CORPORATION LTD ......
                                                 Applicant/Appellant
                                   Versus
            PIRTHI SINGH THRU HIS LRS             ........ Respondent

            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:Mr. Karan Singla, Advocate for applicant-appellant.
                                         ****
            HARKESH MANUJA, J. (ORAL)

CM-11985-C-2019

This is an application for seeking condonation of delay of

132 days in refilling the appeal.

I have gone through the contents of application which make

out sufficient cause for condoning the delay in refilling the appeal.

Accordingly, the prayer made in the application is allowed and delay of

132 days in refilling the appeal is hereby condoned.

CM-11984-C-2019

This is an application seeking condonation of delay of 1751

days in filing the appeal.

In the present case, challenge has been laid to the

judgments and decrees dated 15.06.2011 and 28.10.2013 passed by

the Courts below whereby a suit for recovery of damages filed at the

instance of appellant-plaintiff against respondent-defendant was

dismissed by the Courts below. Relevant para from the application filed

under Section 5 of the Limitation Act is reproduced hereunder:-

"That for the delay caused appropriate departmental action is also being taken against the District TEJWINDER SINGH Manager, PAFC, Bathinda who has failed to watch the 2023.08.04 17:41 I attest to the accuracy and integrity of this document CM-11984-C-2019, CM-11985-C-2019 and CM-11986-C-2019 in/and RSA-

interest of the appellant Corporation and a show cause notice dated 27.02.2018 has also been issued against him, hence the delay cause. "

A perusal of the contents of application show that the factum

of passing of the judgment and decree dated 28.10.2013 was well

within the knowledge of the officers of the appellant-plaintiff corporation

and no plausible reason has been mentioned therein while seeking

condonation of inordinate and unexplained delay of 1751 days in filing

the appeal which merely appears to be an afterthought. As per the

averments made in the application, show cause notice was issued to

the concerned officials for causing delay on 27.02.2018, still the

appellant took nine months in filing the present appeal which clearly

shows lack of bona fide in its action. Still further, the present application

and appeal were filed in November 2018, however, nothing has been

brought on record to show any action taken against the negligent

officials so as to substantiate the stand taken in the application.

In the absence of there being any reasonable explanation

given in the application, besides the fact that the defendant has even

expired during this period, I am unable to accept the prayer as regards

condonation of delay of 1751 days in filing the appeal.

Moreover, a perusal of the judgments and decrees passed

by the Courts below reflect that the appellant-plaintiff has been non-

TEJWINDER SINGH 2023.08.04 17:41 I attest to the accuracy and integrity of this document CM-11984-C-2019, CM-11985-C-2019 and CM-11986-C-2019 in/and RSA-

suited on account of the fact that the evidence led on its behalf was

primarily the Photostat copies of the records which was otherwise

inadmissible in evidence. Though, the abovementioned documents

were taken on record as Exhibits, however, mere exhibiting a document

does not amount to its proof and in the absence of there being any

application or prayer for leading secondary evidence, the same were

rightly discarded and not relied upon by the Courts below.

In view of the above, finding no merits in the application, the

same is dismissed.

MAIN CASE

Since, the application for condonation of delay is dismissed,

therefore the main appeal also stands dismissed.

            01.08.2023                                        (HARKESH MANUJA)
            tejwinder                                             JUDGE
                                    Whether speaking/reasoned   Yes/No
                                       Whether Reportable       Yes/No




TEJWINDER SINGH
2023.08.04 17:41
I attest to the accuracy and
integrity of this document