Punjab-Haryana High Court
Sudesh Kumari vs Satwinder Singh And Anr on 1 June, 2023
RAJ KUMAR
2023.06.02 15:56
2023:PHHC:080465
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
115
CR No.3500 of 2023 (O&M)
DATE OF DECISION : 1* JUNE, 2023
Sudesh Kumari
.... Petitioner
Versus
Satwinder Singh & another
.... Respondents
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
3 Ok Ok OK
Present: | Mr. Akhilesh Vyas, Advocate for the petitioner.
3K OK OK 2
RAJBIR SEHRAWAT, J. (Oral)
CM-10397-CIT-2023
This is an application filed by the petitioner under Section
151 CPC for exemption from filing the certified copies of judgment and
decree dated 09.05.2022 passed by Additional Sessions Judge, Amritsar,
Ground of appeal and impugned order & judgment dated 13.08.2018
passed by the Additional Civil Judge, (Sr. Division), Amritsar.
The application is allowed as prayed for.
CR No.3500 of 2023
1. The petitioner has filed this civil revision under Article 227
of the Constitution of India for setting aside the impugned order dated
09.05.2022 (Annexure P-10) passed by the Additional Sessions Judge,
Amritsar whereby the appeal bearing No.CM-86 of 2019 was dismissed
on the ground of limitation; and impugned order dated 13.08.2018
(Annexure P-7) passed by the Additional Civil Judge (Sr. Division),
Amritsar whereby the objections filed by the petitioner in execution
application was dismissed; along with certain other prayers.
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RAJ KUMAR
2023.06.02 15:56
CR No.3500 of 2023 (O&M) 2023:PHHC:080465
2. The perusal of the record shows that the application filed by
the petitioner for condonation of delay in filing the appeal has been
dismissed by the lower appellate court on account of the petitioner not
having shown any sufficient cause to the court below. Even the perusal
of the application filed by the petitioner before the court below shows
that the petitioner has not alleged even a semblance of any ground for not
filing the appeal within time, much less to speak of a sufficient cause.
The only line written in the application is that there is a sufficient cause
for not filing the appeal in time. However, what that cause is, has not
even been mentioned in the application.
3. Although, the petitioner has tried to argue the aspect of
knowledge of the petitioner qua passing of the judgment and decree,
however, it is not even in dispute that the judgment and decree was
passed in presence of the counsel for the petitioner. Therefore, the aspect
of knowledge cannot even be permitted to be raised by the petitioner in
the present proceeding. It is not even asserted by the petitioner that his
counsel had not intimated about the decision of the case after the
judgment and decree was passed.
4. In view of the above, this court does not find any perversity,
illegality or impropriety in the order passed by the court below.
Accordingly, the present petition is dismissed.
15° JUNE, 2023 (RAJBIR SEHRAWAT)
'raj JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
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