Punjab-Haryana High Court

Shanti Devi And Others vs Pawan Jain And Others on 3 May, 2024

Author: Meenakshi I. Mehta

Bench: Meenakshi I. Mehta

                                     Neutral Citation No:=2024:PHHC:061232




112                                                       2024:PHHC:061232
         IN THE HIGH COURT OF PUNJAB & HARYANA AT
                        CHANDIGARH

                                               RSA No.1279 of 2021 (O&M)
                                               Date of Decision:03.05.2024

Smt. Shanti Devi and others
                                                                 ...Appellants

                                      Versus

Smt. Pawan Jain and others
                                                               ...Respondents


CORAM:       HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:-    Mr. Parveen Kumar, Advocate appearing for
             Mr. Abhimanyu Singh, Advocate
             for the applicants-appellants.

                                  *****
MEENAKSHI I. MEHTA, J. (Oral)

CM No.5260-C of 2021

This application has been filed on behalf of the applicants-

appellants for seeking condonation of the delay of 318 days in filing the

accompanying appeal, while averring that they were not aware of the

prescribed period of limitation to file the appeal before this Court and thus,

the afore-said delay on their part, is not intentional.

2. I have heard learned counsel appearing for the applicants-

appellants on the present application and have perused the file carefully.

3. Learned counsel appearing for the applicants-appellants

contends that the applicants-appellants had no knowledge about the period

of limitation, as prescribed for filing the appeal before this Court to assail

the judgments and decrees passed by the Courts below and therefore, the

above-mentioned delay deserves to be condoned.

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Neutral Citation No:=2024:PHHC:061232

RSA No.1279 of 2021 (O&M) -2- 2024:PHHC:061232

4. However, the afore-raised contention is not tenable at all

because it is well-settled that the ignorance of law is no excuse. In these

circumstances, the above-said delay on the part of the applicants-appellants

in filing the accompanying appeal, can safely be termed to be an inordinate

one and hence, the same does not deserve to be condoned. Resultantly, the

instant application, being sans any merit, stands dismissed.

RSA No.1279 of 2021 and CMs No.5259-C, 5261-C & 5262-C of 2019

Consequent upon the dismissal of the afore-said application as

moved by the applicants-appellants for seeking condonation of the delay in

filing the present appeal, it follows that this appeal also deserves dismissal.

It being so, the Regular Second Appeal in hand and all the above-indicated

Miscellaneous Applications, stand dismissed accordingly.




03.05.2024                                        (MEENAKSHI I. MEHTA)
pooja                                                  JUDGE
                    Whether speaking/reasoned:        Yes
                    Whether Reportable:               No




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