Himachal Pradesh High Court
CMP.M/1716/2022 of SHOBHA NATH VERMA AND ANR Vs SATNAM SINGH on 30 December 2022
Nath Verma vs. Satnam Singh CMP(M) No. 1716 of 2022 30.12.2022 Present: Mr. Sanjay Bhardwaj, Advocate for the applicant/appellant. CMP(M) No. 1716 of 2022 This application has been filed for condonation of 13 days’ delay in filing the appeal. Impugned judgment was passed on 9.6.2022, copy
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CMP(M) No. 1716 of 2022
30.12.2022Present: Mr. Sanjay Bhardwaj, Advocate for theapplicant/appellant.
CMP(M) No. 1716 of 2022
This application has been filed for condonation of 13days’ delay in filing the appeal. Impugned judgment was passed on9.6.2022, copy whereof was applied on 1.7.2022 and said copy wasready on 31.8.2022. However, same was delivered and received on17.9.2022.
As per provisions of Limitation Act, limitation to file theappeal was to expire on 8[th] November, 2022, whereas appeal has beenfiled on 21[st] November, 2022.
Learned counsel for applicants/appellants submits that theapplicants by counting limitation period from receipt/delivery of copy,were under impression that appeal could be filed before 25[th] November,2022, therefore, they approached the counsel for filing the appeal after8[th] November, 2022 but before 25[th] November. Taking note of expiry oflimitation period, immediately thereafter appeal was prepared and filedalong with application for condonation of delay.
For reasons explained in application, it appears that delaywas neither intentional nor willful but was for bonafide mistake asappeal has been filed before 25[th] November, 2022, a wrongly calculatedlast date for filing the appeal.
Considering it sufficient cause, delay of 13 days in filingthe appeal is condoned. Appeal be registered. Application standsdisposed of.