Citation : 2024 Latest Caselaw 18848 P&H
Judgement Date : 24 October, 2024
Neutral Citation No:=2024:PHHC:139915
CRM-A-138-MA-2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
201 CRM-A-138-MA-2013 (O&M)
Date of Decision: 24.10.2024
Harbans Lal ......... Applicant
Versus
Sher Singh and others ......... Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Rohit Sephiya, Advocate for
Mr. Rai Singh Chauhan, Advocate
for the applicant.
Mr. Amrit Paul Nahar, Advocate for
Mr. Munish Puri, Advocate
for respondent No. 2.
****
ANOOP CHITKARA, J. (ORAL)
1. Aggrieved by judgment dated 04.02.2012, whereby the complaint for
defama)on was dismissed, the complainant had come up before this Court by filing the
present leave to appeal in the year 2012. The same was dra,ed on 10.04.2012 and it is
pending for the last about 12 years. This Court did not grant leave for twelve long year and in
between the applicant-Harbans Lal unfortunately expired.
2. Since, there was a delay in filing leave to appeal, as such, the
applicant/complainant had also filed an applica)on for condona)on of delay.
3. Vide order dated 03.07.2013, a co-ordinate Bench of this Court had issued
no)ces on the delay applica)on. The respondents had appeared in the year 2015 but did not
file any reply to the delay applica)on. In between, the applicant/complainant expired and
vide order dated 31.08.2018, legal representa)ves of applicant/complainant were permi7ed
to subs)tute him. Although, reply to the delay applica)on has not been filed, despite that the
applicant must explain the reasons for delay. A perusal of the applica)on reveals that no
reasons have been men)oned at all about the delay in filing leave to appeal. The only thing
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Neutral Citation No:=2024:PHHC:139915
which has been men)oned is that the delay is not inten)onal. These are not sufficient
grounds to condone the delay.
4. Given above, the applica)on for condona)on of delay is dismissed and
consequently, the leave to appeal is also dismissed. All pending miscellaneous applica)ons, if
any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
24.10.2024
Jyo -II
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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