Kumar Goyal vs Anil Kumar"
2022 Latest Caselaw 3631 UK

                    Office Notes,
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SL.
         Date       or directions                    COURT'S OR JUDGES'S ORDERS
No
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                      order with
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      15.11.2022                     Delay Condonation Application No.02 of 2022
                                     In
                                     SA No.98 of 2022
                                     Hon'ble Alok Kumar Verma, J.

This proposed Second Appeal has been filed against the judgment and decree dated 18.01.2022, passed by the learned IInd Additional District Judge, Roorkee, District Haridwar in Civil Appeal No.38 of 2014, "Arvind Kumar Goyal vs. Anil Kumar", by which, the said Appeal, filed by the appellant - defendant has been dismissed. The said civil appeal was filed against the judgment and decree dated 31.10.2014, passed by the learned Trial Court in Original Suit No.28 of 2004, "Anil Kumar Gupta vs. Arvind Kumar Goyal", whereby, the said Original Suit for specific performance of agreement to sale dated 28.06.2000 was decreed. An application for condoning the delay has been filed along with the proposed Second Appeal to condone the delay of 80 days' in filing the proposed Second Appeal.

Heard Mr. Piyush Garg, learned counsel for the applicant - proposed appellant and Mr. Nikhil Singhal, learned counsel for the respondent.

Mr. Piyush Garg, learned counsel for the applicant - proposed appellant, submitted that the applicant - plaintiff is an old aged person and is suffering from several old aged ailments. Due to which, the applicant could not be able to collect the necessary documents promptly for the purpose of filing the Second Appeal within the period of limitation.

The learned counsel for the applicant submitted that in the said circumstances, the delay, caused in filing the appeal, is neither intentional nor deliberate and the said delay has occurred for reason beyond the control of the applicant.

On the other hand, Mr. Nikhil Singhal, learned counsel for the respondent, opposed the Delay Condonation Application and submitted that the decree has already been executed, therefore, the proposed Second Appeal has become infructuous, and, the proposed Second Appeal has been filed only to harass the respondent.

Having regard to the totality of the facts and circumstances of the case and the cause shown by the applicant, through his affidavit, this Court is inclined to hold that the cause shown by the applicant for condoning the delay in filing the proposed Second Appeal, is a sufficient cause.

The respondent is free to raise his said contention at the admission stage that the proposed Second Appeal has become infructuous.

The application, filed for condoning the delay, deserves to be allowed. The delay of 80 days' in filing the Second Appeal is, hereby, condoned.

List this case on 21.11.2022 for arguments on Admission, as fresh case.

(Alok Kumar Verma, J.) 15.11.2022 Pant/