SA/4/2021
2021 Latest Caselaw 930 UK

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                                  SA No. 4 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Himanshu Pal, Advocate for the appellant.

Registry has reported that this defendant/appellant's Second Appeal is barred by limitation, as there is delay of 244 days, which has chanced in preferring the Second Appeal, while giving challenge to the judgement dated 7th February, 2020, as rendered in Civil Appeal No. 8 of 2019, Harpal Singh Vs. Jarnail Singh and another.

In order to override the effect of the said objection raised by the Registry, the learned counsel for the appellant has made reference to the Suo Motu Writ Petition (Civil) No. 3 of 2020, the cognizance of which, was taken by the Hon'ble Apex Court by the judgment dated 23rd March, 2020, whereby the Hon'ble Apex Court has relaxed the limitation period for all the Suits, Appeals, Applications and Petitions, the limitation of which was expiring between 15.03.2020 to 14.03.2021.

Hence, this Second Appeal too would fall within the said cut-off as provided by the Hon'ble Apex Court for exonerating the aspect of limitation.

Hence, the objection raised by the Registry pertaining to the Appeal, being filed at a belated stage, would stand overruled.

Put up on 17th March, 2021, for admission.

(Sharad Kumar Sharma, J.) Dated 16.03.2021 Shiv