FA/162/2020
2022 Latest Caselaw 2344 UK

                   Office Notes,
                reports, orders or
                 proceedings or
Sl. No   Date                                         COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     CLMA No.8675 of 2020 (Delay Condonation Application in Time Barred FA)
                                     In
                                     FA No.162 of 2020
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. T.A. Khan, Senior Advocate, assisted by Ms. Sadaf, Advocate, for the appellant.

Mr. S. Bhupendra Singh, Advocate, for the respondent.

The plaintiff/appellant Suit No.29 of 2015, "A.R. Das Vs. Kumari Geeta Bora", which stood dismissed by the judgment of 20.12.2019, in the judgment as it was rendered by the court of Civil Judge (Senior Division), Haldwani, District Nainital.

The present appeal under Section 96 of the CPC, has been preferred along with the delay condonation application seeking condonation of 208 days of delay, particularly, the reasons which has been given, therein, is on account of the prevalent Covid 19 pandemic situation, is because of that, that the appellant could not approach the Court earlier.

Since despite of the opportunity having being granted by this Court, no objection has been filed to the delay condonation application, coupled with the fact that since its the principle right, which is to be decided in the regular civil appeal, the delay of 208 days, which has chanced, in filing the appeal would stand condoned. Accordingly, the delay condonation application would stands disposed of.

With the consent of the parties, the appeal itself is heard for admission.

Admit the appeal.

Summon the lower court record. No notices are to be sent to the respondent, as they are already represented by Mr. S. Bhupendra Singh.

However, the stay application would be considered only after the receipt of the records of the court below.

(Sharad Kumar Sharma, J.) 28.07.2022

NR/