"Rampal vs Buddh Singh And Another"
2022 Latest Caselaw 836 UK

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      22.03.2022                        SA NO.34 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment dated 07.01.2022, passed by the IInd Additional District Judge, Roorkee, District Haridwar in Civil Miscellaneous Application No.38 of 2015, "Rampal vs. Buddh Singh and Another", whereby, an application, filed by the appellant (herein) - plaintiff, under Section 5 read with Section 14 of the Limitation Act, 1963, is dismissed.

The said miscellaneous case was filed to condone the delay under Section 5 of the Limitation Act in filing the appeal against the judgment and decree of the learned trial court, whereby, the Original Suit of the appellant - plaintiff was dismissed. The application under Section 5 was filed along with Section 14 of the Limitation Act.

Heard Mr. Nikhil Singhal, the learned counsel appearing for the appellant.

The learned counsel appearing for the appellant submitted that the appellant - plaintiff was prosecuting his case with due diligence before the learned trial court by filing an application under Order 9 Rule 9 of the Code of Civil Procedure, 1908, therefore, the learned IInd Additional District Judge should provide the benefit of Section 14 of the Limitation Act.

In the facts and the circumstances of the case, this Second Appeal is admitted on the following substantial question of law:-

"Whether the Ist Appellate Court erred in not considering the matter, filed by the appellant - plaintiff under Section 14 read with Section 5 of the Limitation Act, 1963."

Issue notice to the respondent. Steps to be taken within a week. Summon the Lower Court Record. List this case on 27.04.2022.

In the facts and the circumstances of the case, till then, the parties are restrained to create any third party interest over the property-in-dispute.

(Alok Kumar Verma, J.) 22.03.2022 Pant/