Punjab-Haryana High Court
Lal Chand Now Deceased Through His Legal ... vs Charan Dass And Anr on 10 January, 2024
Author: Meenakshi I. Mehta
Bench: Meenakshi I. Mehta
112 2024:PHHC:002423
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
RSA No.1202 of 2021 (O&M)
Date of Decision: 10.01.2024
Lal Chand
.....Appellant
Versus
Charan Dass and another
.....Respondents
CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA
*****
Present:- Mr. Bhupinder Kumar Gupta, Advocate
for the LR of the appellant.
MEENAKSHI I. MEHTA, J. (Oral)
CM No.5116-C of 2021
By way of the instant application, the applicant-appellant-
plaintiff (since deceased and now, represented through his LR who shall
here-in-after be referred as 'the applicant') has sought condonation of the
delay of 1270 days in filing the appeal bearing RSA No.1202 of 2021.
2. I have heard learned counsel for the applicant-LR of the
appellant on this application and have also gone through the file carefully.
3. Learned counsel for the applicant contends that the applicant
could not file the afore-referred appeal within the prescribed period of
limitation as he did not get proper advice regarding the availability of this
remedy to him, for assailing the judgments and decrees passed by the trial
Court and the Lower Appellate Court and he came to know about the same
in March, 2020 but then, there was an outbreak of Pandemic Covid-19 and
RSA No.1202 of 2021 (O&M) -2- 2024:PHHC:002423
therefore, he could file the said appeal in February, 2021 only and thus, the
above-mentioned delay in filing the same, is not an intentional one and
hence, the same deserves to be condoned.
4. However, the afore-raised contention does not hold any water
because the Suit filed by the appellant-plaintiff against the respondents-
defendants, had been dismissed by the trial Court vide the judgment and
decree dated 24.12.2015 and the first appeal, as preferred by him to lay
challenge to the same, had also ended in its dismissal, vide the judgment
and decree handed down by the Lower Appellate Court on 11.05.2017 and
thus, a period of almost 02 years and 10 months had already lapsed when
the above-said Pandemic hit the mankind in March, 2020, meaning thereby
that the prescribed period of limitation for filing the appeal stood expired
much prior thereto. Further, mere plea of the applicant qua his having not
been given the proper advice to file the appeal in this Court, can, by no
stretch of imagination, be construed to be a cogent, justifiable and plausible
ground to condone the afore-mentioned delay in filing the appeal.
5. As a sequel to the fore-going discussion, this Court is of the
considered opinion that the above-referred delay on the part of the applicant-
LR of the appellant in filing the appeal, can safely be termed as an inordinate
one and therefore, the same does not deserve to be condoned. Resultantly, the
application in hand stands dismissed.
Consequent upon the dismissal of the afore-said application as
moved by the applicant-LR of the appellant for seeking condonation of the
RSA No.1202 of 2021 (O&M) -3- 2024:PHHC:002423
delay in filing the appeal, it follows that the instant appeal also deserves
dismissal on the ground of its being hopelessly time-barred. It being so, the
above-mentioned Regular Second Appeal stand dismissed accordingly.
(MEENAKSHI I. MEHTA)
January 10, 2024 JUDGE
Yag Dutt
Whether speaking/reasoned: Yes
Whether Reportable: No
